Haynes v. Fraser
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by A. Conroy Haynes against Horatio N. Fraser. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtHirschberg, J.
The action is brought to recover broker’s commissions on the sale of real estate. The decision in favor of the defendant is obviously base.d upon a finding that the plaintiff was not employed to effect the sale, and, if supported by the fact, is in harmony with the decision of this court in Fowler v. Hoschke, 53 App. Div. 327, 65 N. Y. Supp. 638, and with that of the First department in Benedict v. Pell, 70 App. 40, 74 N. Y. Supp. 1085. A careful examination of the evidence not only discloses ample justification for the conclusion reached by the trial court, but seems to leave room for no…
2Cases cited3 opinions
- Benedict v. PellAppellate Division of the Supreme Court of the State of New York · 1902
- Fowler v. HoschkeAppellate Division of the Supreme Court of the State of New York · 1900
- Szilvasy v. SaviersOhio Court of Appeals · 1942
3Cited by2 opinions
- Ballentine & Boone v. MercerMissouri Court of Appeals · 1908
- Gowlan v. MarkhamDistrict Court, S.D. New York · 1946