Lefkowitz v. Iba

Appellate Terms of the Supreme Court of New York

Lefkowitz v. Iba

114 N.Y.S. 29, 1909 N.Y. Misc. LEXIS 633

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 8, 1909

StatusPublished

This text of 114 N.Y.S. 29 (Lefkowitz v. Iba) 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

Lefkowitz v. Iba, 114 N.Y.S. 29, 1909 N.Y. Misc. LEXIS 633 (N.Y. Ct. App. 1909).

Pincite

Opinion

PER CURIAM.

The to commissions the sale of personal property, in an amount for which the plaintiff has been awarded judgment, was made on behalf of the defendant by an individual whose agency was clearly established by the' evidence. The objections taken by the appellant to the reception of the assumed agent’s testimony were properly overruled, since, while the fact of agency may not be proven by the alleged agent’s declarations to witnesses, his own testimony to the fact is competent.

Judgment affirmed, with costs.

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PER CURIAM.

The to commissions the sale of personal property, in an amount for which the plaintiff has been awarded judgment, was made on behalf of the defendant by an individual whose agency was clearly established by the' evidence. The objections taken by the appellant to the reception of the assumed agent’s testimony were properly overruled, since, while the fact of agency may not be proven by the alleged agent’s declarations to witnesses, his own testimony to the fact is competent.

Judgment affirmed, with costs.

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Bluebook (online)

114 N.Y.S. 29, 1909 N.Y. Misc. LEXIS 633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lefkowitz-v-iba-nyappterm-1909.