C. H. Diamond & Co. v. Hartley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Marcellus Hartley, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of May, 1898, upon the verdict of a jury, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 26th day of May, 1898, as amended by an order entered in said clerk’s office on the 6th day qf June, 1898, denying the defendant’s motion…
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Appeal by the defendant, Marcellus Hartley, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of May, 1898, upon the verdict of a jury, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 26th day of May, 1898, as amended by an order entered in said clerk’s office on the 6th day qf June, 1898, denying the defendant’s motion for a new trial made upon the minutes. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Woodward, J. :
The plaintiff in this action is a broker, engaged in real estate transactions. One Cutner, an employee of the plaintiff, knowing that Messrs. Stern & Co. were desirous of purchasing a building in a certain location in New York, went to the defendant and asked if his house was for sale, and, if so, at what price. The defendant replied in substance' that, while the property was not for sale, he would consider an offer. Subsequently he offered to accept $82,000 for the house, provided the transaction was closed on that day, November 12, 1896. While there was an understanding that…
2Cases cited6 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Gilder v. . DavisNew York Court of Appeals · 1893
- Kalley v. . BakerNew York Court of Appeals · 1892
- Bennett v. EganThe Superior Court of the City of New York and Buffalo · 1893
- Curtiss v. MottNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Brady v. American Machine & Foundry Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Keough v. MeyerAppellate Division of the Supreme Court of the State of New York · 1908
- Cohen v. FarleyAppellate Terms of the Supreme Court of New York · 1899
- Hess v. Investors & Traders' Realty Co.New York Supreme Court · 1910
- C. H. Diamond & Co. v. HartleyAppellate Division of the Supreme Court of the State of New York · 1900
4 more not listed; retrieve them via the Exa API.