Majority
p. 1128BRUID, Respondent, v. McVICKAR et al., Appellants. (Supreme Court, Appellate Term. June 13, 1900.)
Headnote
Action by Allie Bruid against Henry W. McVickar and . another. Judgment for plaintiff, and defendants appeal. Reversed. Kellogg, Rose & Smith, for appellants. Noah & Seeley, for respondent.The record shows that the plaintiff knew that the,defendants were acting as agents for the landlord. Her cause of action with respect to the money paid by her, if she has any, is therefore against the landlord, , and not against the defendants. Cooper v. Tim, 16 Misc. Rep. 372 , 38 N. Y. Supp. 67 . It follows that the judgment must be reversed. Judgment reversed, and new trial ordered, with costs to appellants to abide the event.
Cases cited
- Cooper v. Tim 16 Misc. Rep. 372 p. 1128