Shapiro v. Benenson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Abraham I. Shapiro, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Bronx on the 10th day of April, 1917, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case,- and also from an order entered in said clerk’s office on the 4th day of April, 1917, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The plaintiff alleges that he was employed as a broker by the defendant to sell or exchange a parcel of land owned by the defendant for a commission of one per cent of the consideration on the sale or exchange; that' he negotiated an exchange of defendant’s premises with one Weisman and that the agreed value of the defendant’s premises on the exchange' was $75,000. These facts were admitted by the answer. The plaintiff next alleged that the defendant thereupon became indebted to him for the sum of $750. That allegation was denied, but such indebtedness necessarily followed from…
2Cases cited26 opinions
- McCreery v. . DayNew York Court of Appeals · 1890
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Pumpelly v. . PhelpsNew York Court of Appeals · 1869
- Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
- Graves v. . WhiteNew York Court of Appeals · 1882
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3Cited by3 opinions
- Raile v. Peerless American Products Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Josephson v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1928
- Smith v. JohannsenAppellate Division of the Supreme Court of the State of New York · 1922