Legal Opinion

Riley v. United States Title Guaranty & Indemnity Co.

Appellate Terms of the Supreme Court of New York

Decided July 6, 1909PublishedCited by 1 opinion

Appeal from City Court of New York, Trial Term. Action by Elwyn G. B. Riley against the United States Title Guaranty & Indemnity Company. From an order of the New York City Court denying defendant’s motion for a new trial for newly discovered evidence, it appeals.

1Opinion of the CourtGildersleeve, P. J.

The plaintiff sued for commissions for procuring a loan of $20,000 on real estate owned by Sexauer & Lemke. Defendant hired plaintiff to procure such loan, and claims that, after an agreement had been made whereby plaintiff’s mother was to make a building loan of $20,000, plaintiff suddenly insisted on naming the builder, and made that a condition of making the loan, which condition was not within the terms of plaintiff’s employment, and with which new condition defendant refused to comply, so that no contract was made. At the trial plaintiff denied that he interposed this new condition or…

2Cases cited4 opinions

  1. Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
  2. Keister v. RankinAppellate Division of the Supreme Court of the State of New York · 1898
  3. Hess v. SloaneAppellate Division of the Supreme Court of the State of New York · 1900
  4. Keister v. RankinAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by1 opinion

  1. Bove v. Croton Falls Construction Co.City of New York Municipal Court · 1913

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