Lockhart v. . Hamlin
New York Court of Appeals
Appeal from a judgment, entered December 12,1906, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiff’s exceptions ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant on a nonsuit at the Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered December 12,1906, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiff’s exceptions ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant on a nonsuit at the Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff brought defendant and John F. Sweeney together, and as a consequence thereof such negotiations were had as to result in the execution of the agreement…
1Opinion of the CourtWillard Bartlett, J.
This is an action to recover $20,000 as compensation for services alleged to have been rendered by the plaintiff to the defendant in procuring a tenant for certain real estate in the city of Buffalo. The plaintiff was nonsuited, on the ground that he failed to prove that his efforts were the “ direct procuring cause ” of the lease, and that his own version of what occurred between him and the defendant estopped him from claiming any compensation for liis services. Further reference will be made to these points hereafter. ■ The trial court directed the plaintiff’s exceptions to be heard in the…
2Cases cited1 opinion
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
3Cited by18 opinions
- Theodore Wetmore & Co. v. ThurmanSupreme Court of Minnesota · 1913
- Grattan v. Societa Per Azzioni Cotonficio CantoniNew York Supreme Court · 1956
- Oben v. DucharmeSupreme Court of Vermont · 1919
- Walar v. RechnitzAppellate Division of the Supreme Court of the State of New York · 1908
- Byrne v. John Gillies Co.Appellate Division of the Supreme Court of the State of New York · 1911
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