Bingham v. Harris
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the verdict of a jury, and from an order denying a motion for a new trial. The facts are stated in the opinion.
1Opinion of the Court
Charles P. Daly, Chief Justice.
The former judgment for the plaintiffs, was reversed by the general term, upon the ground that it involved questions of fact, which it was for the jury and not for the court to pass upon.
In the present trial, the jury were instructed, that if Goodenough was merely a broker, and had no other connection with the plaintiffs than that of soliciting orders, and receiving commissions therefor, and if the plaintiffs did nothing which would lead the defendants to suppose that he held any other relation to them, the plaintiffs were entitled to a verdict; but that, if…
2Cases cited1 opinion
- Clark v. Metropolitan BankThe Superior Court of New York City · 1854
3Cited by3 opinions
- Hedeman v. Fairbanks, Morse & Co.New York Court of Appeals · 1941
- Garcia v. Herald Tribune Fresh Air Fund, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- Rotholz v. City of New YorkNew York Supreme Court · 1992