Schnitzer v. Price
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph Price, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 6th day of December, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 10th day of December, 1906, denying the defendant’s motion for a new trial made upon the minutes, with notice of an intention to 'bring up for review an order entered on the 10th day of December,…
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Appeal by the defendant, Joseph Price, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 6th day of December, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 10th day of December, 1906, denying the defendant’s motion for a new trial made upon the minutes, with notice of an intention to 'bring up for review an order entered on the 10th day of December, 1906,. denying the defendant’s motion to change the place of trial of the action.
1Opinion of the Court
Miller, J.:
This is an action for broker’s commissions. No contract was entered into by the principals, and the only question involved is whether the plaintiff showed that he produced a purchaser able to purchase on the defendant’s terms. One of the terms was a cash payment of $25,000. The proposed purchaser testified that he had in his possession funds sufficient to cany out the contract, but his cross-examination showed that his assets consisted of a stock of groceries, the value of which was not shown, and a cause of action for $10,000 or $12,000 against third parties for .money loaned, and…
2Cited by6 opinions
- Globerman v. LedererAppellate Division of the Supreme Court of the State of New York · 1952
- Spuches v. Royal View, Inc.New York Supreme Court · 1960
- Door Knob Realty, Inc. v. NorthropNew York Supreme Court · 1976
- Marshall v. GoodmanAppellate Terms of the Supreme Court of New York · 1912
- Mengel v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1949
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