Walton v. McMorrow
Appellate Division of the Supreme Court of the State of New York
Action by Francis T. Walton against Patrick McMorrow. From a judgment on a verdict for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtO’Brien, J.
The action was to recover a broker’s commission, and grew out of an exchange of property effected between the defendant and one Bobert A. Cheseborough. The facts involved have been fully set forth in the opinion in the action of This Plaintiff v. Cheseborough (handed down at this term of the court) 57 N. Y. Supp. 687. Were the facts exactly similar, the conclusion would necessarily be the same; but the cases are to be distinguished for the reason that the essential elements presented in the Cheseborough action, which justified the submission of questions to the determination of the jury,, are…
2Cases cited1 opinion
- Walton v. CheseboroughAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Walton v. McMorrowAppellate Division of the Supreme Court of the State of New York · 1901
- Applebaum v. WitbeckAppellate Division of the Supreme Court of the State of New York · 1931