Whiteley v. Terry
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John W. Whiteley, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 26th day of October, 1902, setting aside the verdict of a jury in favor of the plaintiff, and granting the defendant’s motion for a new trial.
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Appeal by the plaintiff, John W. Whiteley, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 26th day of October, 1902, setting aside the verdict of a jury in favor of the plaintiff, and granting the defendant’s motion for a new trial. Section 640d of the Penal Code, which is referred to in the opinion, provides as follows : “ In cities of the first and second class, any person who shall offer for sale any real property without the written authority of the owner of such property, or of his attorney in…
1Opinion of the Court
Patterson, J.:
The plaintiff sues as the assignee of one Anspacher, to recover commissions claimed to have been earned by his assignor as a real estate broker upon the employment of the defendant. The allegations of the complaint are that the employment was made and that Anspacher procured a purchaser for the property. The answer of the defendant denies generally those allegations and sets up as an affirmative defense that he never gave a written authority to Anspacher to sell the real property, as required by chapter 128 of the Laws of the State of New York enacted in 1901 (Penal Code, §…
2Cases cited7 opinions
- Matter of Application of JacobsNew York Court of Appeals · 1885
- People v. . GillsonNew York Court of Appeals · 1888
- People v. . HavnorNew York Court of Appeals · 1896
- People v. . BuddNew York Court of Appeals · 1889
- People Ex Rel. Tyroler v. Warden of City PrisonNew York Court of Appeals · 1898
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3Cited by21 opinions
- Frank L. Fisher Co. v. WoodsNew York Court of Appeals · 1907
- Cody v. DempseyAppellate Division of the Supreme Court of the State of New York · 1903
- Imperato v. WasboeAppellate Terms of the Supreme Court of New York · 1905
- Charles v. ArthurAppellate Terms of the Supreme Court of New York · 1903
- Haynes v. AbramsonAppellate Terms of the Supreme Court of New York · 1906
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