Opinion · Nylaw New York

EISEN v. BAUDOUINE, 184 App. Div. 883 (1918)

LOUIS EISEN & HENRY EISEN, Copartners, etc., Appellants, v. CHARLES A.BAUDOUINE & JOHN F. BAUDOUINE, as Trs., etc., Respondents., 184 A.D. 883 (Appellate Division of the Supreme Court of New York, First Department. 1918)

Type: Opinion
Court: New York
Jurisdiction: New York
Date: 1918-01-01
Topic: general

EISEN v. BAUDOUINE, 184 App. Div. 883 (1918) LOUIS EISEN and HENRY EISEN, Copartners, etc., Appellants, v. CHARLES A.BAUDOUINE and JOHN F. BAUDOUINE, as Trustees, etc., Respondents.Appellate Division of the Supreme Court of New York, First Department.

Citator

UpLaw has not yet analyzed EISEN v. BAUDOUINE, 184 App. Div. 883 (1918). The absence of a flag is not a finding that it is good law.

EISENv. BAUDOUINE,184 App. Div. 883(1918)

LOUIS EISEN and HENRY EISEN, Copartners, etc., Appellants,v. CHARLES A.

BAUDOUINE and JOHN F. BAUDOUINE, as Trustees, etc., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

May, 1918.

Judgment affirmed, with costs. No opinion.

Present — Clarke, P.J., Dowling, Smith, Page and Merrell, JJ.; Dowling, J., dissented.

DOWLING, J. (dissenting):

I dissent, on the ground that, in my opinion, there was an issue for the jury upon the plaintiffs' case as to whether or not Scheibler was the defendants' agent and whether he was authorized to waive the provision of the lease requiring written notice of the defect in the roof.