Legal Opinion

Van Doren v. Jelliffe

New York Court of Common Pleas

Decided November 7, 1892PublishedCited by 1 opinion

Appeal from city court, general term. Action by Garrett V. Yan Doren against Taylor Jelliffe for commissions as real-estate broker. From a judgment of the general term of the city court affirming a judgment entered on a verdict for plaintiff and affirming an order denying a new trial, (16 N. Y. Supp. 209,) defendant appeals.

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Appeal from city court, general term. Action by Garrett V. Yan Doren against Taylor Jelliffe for commissions as real-estate broker. From a judgment of the general term of the city court affirming a judgment entered on a verdict for plaintiff and affirming an order denying a new trial, (16 N. Y. Supp. 209,) defendant appeals. Affirmed: Defendant’s third request to charge: “I request your honor to charge the jury that there is no evidence that the contract for the employment of plaintiff was made in the state of New York. ”

1Opinion of the CourtBischoff, J.

Having omitted to move for a nonsuit or for the direction of a verdict in his favor, defendant has conceded that there was evidence sufficient to warrant the jury in finding a verdict for plaintiff, (Barrett v. Railroad Co., 45 N. Y. 628, 632; Rowe v. Stevens, 44 How. Pr. 10; St. John v. Skinner, Id. 198; Casper v. O'Brien, 47 How. Pr. 80;) and, without an exception to a refusal of either of such motions, we are without power on an appeal from a judgment of the city court to inquire into the sufficiency of the evidence, (Schwinger v. Raymond, 105 N. Y. 648, 11 N. E. Rep. 952; Walsh v. Schulz,…

2Cases cited18 opinions

  1. Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
  2. Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
  3. Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
  4. Gildersleeve v. . LandonNew York Court of Appeals · 1878
  5. Slocovich v. Orient Mutual InsuranceNew York Court of Appeals · 1888

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3Cited by1 opinion

  1. Soule v. VeyracNew York Court of Common Pleas · 1895

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