Legal Opinion
Hurst v. Cresson & Clearfield Coal & Coke Co.
New York Supreme Court
Decided April 11, 1895Published
Appeal from circuit court, New York county. Action by William H. Hurst against the Cresson & Clearfield Coal & Coke Company to recover a balance due on a contract between one John E. Ingersoll, plaintiff’s assignor, and defendant. From a judgment for' $5,709.25, entered on a verdict in favor of plaintiff directed by the court, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtParker, J.
The object of this action was to recover the sum of $6,031.71, a balance claimed to be due to the plaintiff under a contract of which the following is a copy:
“Boston, Mass., June 8th, 1891.
“In consideration for special services rendered in securing contract with the New York and New England R. R. for 200,000 tons of coal, more or less, we hereby agree to pay John E. Ingersoll, of New York, as a commission for said special services, 15c. (fifteen cents) per ton on all coal sold and delivered to the said New York and New England R. R. under contract made this day with said New York and New…
2Cases cited4 opinions
- Bartholomew v. JacksonNew York Supreme Court · 1822
- Comstock v. SmithNew York Supreme Court · 1810
- Parker v. CraneNew York Supreme Court · 1831
- Herrendeen v. WittNew York Supreme Court · 1888