
    Jennie Kind, Respondent, v. John T. Barry, Appellant.
    (Supreme Court, Appellate Term,
    February, 1910.)
    Principal and agent — Rights and liabilities of principal as to third person — Extent of actual authority of agent to bind principal (including implied authority)—Act of one of several agents.
    A power of attorney to three persons is presumed to have been intended to confer authority upon them jointly, and a contract by one of them is not binding upon the principal, in the absence of proof of a contrary intention.
    Appeal by the defendant from a judgment of the Municipal Court of the city of New York, eighth district, borough of Manhattan, rendered in favor of the plaintiff, after a trial by the court without a jury.
    Ellison, MacIntyre & Davis (Arnold L. Davis, of counsel), for' appellant.
    Menken Brothers (Mortimer M. Menken and Howard T. Cole, of counsel), for respondent.
   Whitney. 3.

Defendant with others gave a power of attorney to three persons named, as his attorneys in fact. Plaintiff has recovered judgment against him upon a contract made by one only of the three. Presumptively such an authority was a joint one (Story Agency, § 42; Mechem Agency, § 77 and cases cited; Hawley v. Keeler, 53 N. Y. 114, 121); and there is nothing in the power of attorney to indicate the contrary, but much that is confirmatory. For this reason as well as that stated in Kind v. Cortis, decided herewith (ante, p. 186), the judgment should be reversed and a new trial ordered.

Seabury and Guy, JJ., concur.

Judgment reversed and new trial ordered, with costs to appellant to abide event.'  