Smith v. . Geiger
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 22, 1909, which affirmed a judgment in favor of defendant purporting to have been entered on findings made by a referee. This action was brought by a real estate broker to recover the compensation alleged to be due him from the defendant for his services in procuring a purchaser of certain real estate in the town of Babylon, county of Suffolk.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 22, 1909, which affirmed a judgment in favor of defendant purporting to have been entered on findings made by a referee. This action was brought by a real estate broker to recover the compensation alleged to be due him from the defendant for his services in procuring a purchaser of certain real estate in the town of Babylon, county of Suffolk. The complaint alleges that the defendant employed the plaintiff as a broker to find and procure a purchaser and that the plaintiff…
1Opinion of the CourtVann, J.
The issues in this action were duly referred to Clinton M. Flint, Esq., to hear and determine and the case was tried and submitted to him for decision. He has made no report as yet, although judgment has been entered in favor of the defendant. He wrote a brief opinion and signed it as referee, stating that he "was unable to find from the evidence that the plaintiff was the procuring cause of the sale and giving his reasons for reaching this conclusion. He found no facts therein, however, and gave no direction for judgment. A paper appears in the judgment roll headed, “ Plaintiff’s requests to…
2Cases cited15 opinions
- Palmer v. StephensCourt for the Trial of Impeachments and Correction of Errors · 1845
- Merchants' Bank v. SpicerNew York Supreme Court · 1831
- Hall v. BestonAppellate Division of the Supreme Court of the State of New York · 1897
- Hewlett v. . ElmerNew York Court of Appeals · 1886
- Angevine v. . JacksonNew York Court of Appeals · 1886
10 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- People v. BuchalterNew York Court of Appeals · 1942
- In re StarrAppellate Division of the Supreme Court of the State of New York · 1935
- Metropolitan Life Insurance v. Union Trust Co.New York Court of Appeals · 1945
- Smith v. . State of New YorkNew York Court of Appeals · 1915
- People ex rel. Central New England Railway Co. v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1941
19 more not listed; retrieve them via the Exa API.