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Eichwald v. Royal Bank

113 N.Y.S. 1131 Court N.Y. App. Term Decision date 1908-12-16 English

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p. 1131
EICHWALD v. ROYAL BANK OF NEW YORK.
(Supreme Court, Appellate Term.
December 16, 1908.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by Jacob Eichwald against the Royal Bank of New York. From a judgment for defendant, after a trial without a jury, plaintiff appeals. Reversed, and new trial ordered. Ward V. Tolbert, for appellant. Samuel Packhard, for respondent.

The testimony of the witness Levine that he told the president of the defendant bank that he was having repairs made on the property, especially when taken in connection with the affidavits used in opposing the motion for a receivership, sufficiently showed the authority of Levine to bind the defendant, to the extent, at least, of the’surplus rents received, to the payment of the plaintiff’s claim for the repairs he did on the property. This was the view of the court taken heretofore in a similar case on substantially the same facts. The judgment should be reversed, and a new trial ordered, with costs to the appellant to abide the event.