Kane v. Rodgers

• Decision Date: 15 October 1964
• Citation: 254 N.Y.S.2d 361,15 N.Y.2d 544
• Parties: , 202 N.E.2d 905 Raymond P. KANE et al., Respondents, v. Frances Marie RODGERS et al., Defendants, and Eleanor Hagelin, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 361

254 N.Y.S.2d 361

15 N.Y.2d 544, 202 N.E.2d 905

Raymond P. KANE et al., Respondents, v. Frances Marie RODGERS et al., Defendants, and Eleanor

Hagelin, Appellant.

Court of Appeals of New York.

Oct. 15, 1964.

Appeal from Supreme Court, Appellate Division, First Department, 21 A.D.2d 773, 250 N.Y.S.2d 674.

Action was brought to have plaintiffs awarded beneficial interests in capital stock. An interlocutory judgment was entered awarding plaintiffs beneficial interests in capital stock and other relief, and two of the defendants appealed.

The Appellate Division held that where arrangement between plaintiffs and first defendant and through her with second defendant created agency relationship with first and second defendants by reason of joint relationship between them, the arrangement sufficed to make written agreements with third defendant enforceable by plaintiffs as principals, though plaintiffs were not named in such agreements. From the order of the Appellate Division, one of the defendants appealed.

O'Connor & Farber, New York City (David Brady and Clendon H. Lee, New York City, of counsel), for defendant-appellant.

McHugh & Leonard, New York City (James M. Leonard, New York City, of counsel), for plaintiffs-respondents.

Order affirmed, with costs.

All concur.