Held v. Bryan L. Kennelly, Inc.

Appellate Terms of the Supreme Court of New York

Held v. Bryan L. Kennelly, Inc.

124 Misc. 547, 208 N.Y.S. 503, 1925 N.Y. Misc. LEXIS 682

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 27, 1925

StatusPublished

Cited by1 cases

This text of 124 Misc. 547 (Held v. Bryan L. Kennelly, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Held v. Bryan L. Kennelly, Inc., 124 Misc. 547, 208 N.Y.S. 503, 1925 N.Y. Misc. LEXIS 682 (N.Y. Ct. App. 1925).

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Opinion

Per Curiam:

A vendor or purchaser dealing in his own name, without disclosing the name of his principal, is personally bound by his contract, and it makes no difference that he is known to the other party to be an auctioneer, or broker, who is usually employed in selling property as the agent for others. (Meyer v. Redmond, 205 N. Y. 478, 483; DeRemer v. Brown, 165 id. 410, 419; 1 Williston Cont. 543.)

Judgment modified by striking out so much thereof as adjudges that the complaint be dismissed as against the defendant Bryan L. Kennelly, Inc., and by adjudging that plaintiff recover of the defendants James S. Gross and Bryan L. Kennelly, Inc., the sum of $2,125, with costs, and as so modified affirmed, with costs to appellant against respondent.

All concur; present, Guy, McCook and Proskauer, JJ.

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Per Curiam:

A vendor or purchaser dealing in his own name, without disclosing the name of his principal, is personally bound by his contract, and it makes no difference that he is known to the other party to be an auctioneer, or broker, who is usually employed in selling property as the agent for others. (Meyer v. Redmond, 205 N. Y. 478, 483; DeRemer v. Brown, 165 id. 410, 419; 1 Williston Cont. 543.)

Judgment modified by striking out so much thereof as adjudges that the complaint be dismissed as against the defendant Bryan L. Kennelly, Inc., and by adjudging that plaintiff recover of the defendants James S. Gross and Bryan L. Kennelly, Inc., the sum of $2,125, with costs, and as so modified affirmed, with costs to appellant against respondent.

All concur; present, Guy, McCook and Proskauer, JJ.

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124 Misc. 547, 208 N.Y.S. 503, 1925 N.Y. Misc. LEXIS 682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/held-v-bryan-l-kennelly-inc-nyappterm-1925.

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