Rosenthal v. Gunn
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Elias Rosenthal, as assignee of Leonard Levis and others, against John Gunn and another. From a judgment for plaintiff, defendants appeal. oReversed.
1Opinion of the CourtSeabury, J.
Plaintiff’s assignors were employed under a written contract “to procure a loan” upon property owned by the defendants. The evidence shows that the plaintiff’s assignors procured an agreement from a third person to make a loan. The loan was not made. Why it was not made was not shown by any competent evidence. It is stated in the brief of counsel that the defendants’ title to this property upon which the loan was to be made was not good. If such was the fact, it should have been proved. Procuring an agreement from a third person to make a loan is not the same thing as procuring a loan. In the…
2Cited by1 opinion
- Slawson v. RafterAppellate Terms of the Supreme Court of New York · 1912