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The Union Land Company v. Gwynn

Court of Appeals of the State of New York
Oct 26, 1915
110 N.E. 162 (N.Y. 1915)

Opinion

Argued October 14, 1915

Decided October 26, 1915

George W. Field, Frank H. Platt, Livingston Platt and Robert H. Ewell for appellant.

Sol. M. Stroock and Edward F. Spitz for respondent.


The conclusions of law in this case are fully sustained by the findings of fact. It is true that the Appellate Division, in holding that all the syndicate managers should have signed the guaranty, seems to have overlooked the findings to the effect that the managers were appointed and acted as a firm. That objection to the contract cannot, therefore, prevail. ( Unterberg v. Elder, 211 N.Y. 499, 504.) But without reference to the form of signature, the judgment may securely rest on other grounds stated in the referee's report.

The judgment should be affirmed, with costs.

WILLARD BARTLETT, Ch. J., CHASE, COLLIN, CUDDEBACK, CARDOZO, SEABURY and POUND, JJ., concur.

Judgment affirmed.


Summaries of

The Union Land Company v. Gwynn

Court of Appeals of the State of New York
Oct 26, 1915
110 N.E. 162 (N.Y. 1915)
Case details for

The Union Land Company v. Gwynn

Case Details

Full title:THE UNION LAND COMPANY, Appellant, v . JOSEPH K. GWYNN, Respondent

Court:Court of Appeals of the State of New York

Date published: Oct 26, 1915

Citations

110 N.E. 162 (N.Y. 1915)
110 N.E. 162