Smith v. Western Pacific Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles E. W. Smith, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of blew York on the 19th day of July, 1912, upon the decision of the court rendered after a trial at the blew York Trial Term, .a jury having been waived, dismissing the complaint upon the merits.
1Opinion of the Court
Clarke, J.:
The action is to recover $1,244,900 and interest which the plaintiff claims by virtue of an oral contract with defendant as commissions in consideration of alleged services in assisting to market the first mortgage bonds of the defendant. Plaintiff is a bond broker, a resident of New Jersey, and the defendant is a foreign corporation, organized and existing under the laws of the State of California. The first cause of action set up in the complaint is upon an agreement to pay a sum of money equal to two and one-half per centum of the par value of $50,000,000 of bonds, and the…
2Cases cited9 opinions
- Olcott v. . the Tioga Railroad CompanyNew York Court of Appeals · 1859
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1881
- Penfield v. Chesapeake, Ohio & South Western RailroadSupreme Court of the United States · 1890
- Miller v. . BrenhamNew York Court of Appeals · 1877
- Sadler v. Boston & Bolivia Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1910
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3Cited by4 opinions
- Kirsch v. LubinNew York Supreme Court · 1927
- Garrison v. NewmanAppellate Division of the Supreme Court of the State of New York · 1928
- Weidenfeld v. Pacific Improvement Co.District Court, E.D. New York · 1920
- Smith v. Western Pac. Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1913