Bartholomae v. Kauffmann

Headnote

Lease—liability on, of person who executes as agent for others without authority.—Amendment on the trial.

Appeal from judgment against defendant.

The action was to recover the rent covenanted to be paid by a certain lease between plaintiffs as lessors,

and “the trustees of the German American Institute,” as lessees, and signed and sealed by the defendant; “for the Board of Trustees, by S. Kauffmann, treasurer.”

The plaintiff, at defendants’ request, substituted in place of John Doe and Richard Roe, certain persons as defendants, as such trustees.

On the trial, it appearing that the lease was obtained by the defendant, Kauffmann, who promised that plaintiffs should have his check every quarter day ; that the above-named organization was a mere voluntary association, and that said Kauffmann had no authority to bind his associates, the plaintiffs were allowed, under objection and exception, to amend their complaint to conform to the proofs, by dropping therefrom the names of the persons so substituted as defendants,- and a motion for the dismissal of the complaint being made and denied, a verdict was rendered against the defendant, Kauffmann.

The court, at General Term, held : That the amendment was correctly allowed, and that the defendant, Kauffmann, having executed the lea'se as treasurer, without authority from the other defendants as patrons of the school, some of whose children had attended it, and there being no trustees, in fact, and only a mere voluntary association,—by such execution of the lease, he became liable.