Bellesheim v. Palm
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry Palm, from a judgment of the City Court of Mount Vernon in favor of the plaintiff, entered in the office of the clerk of said court on the 19tli day of October, 1899, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 23d day of October; 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The evidence is calculated to create the impression that the plaintiff has a good claim against the defendant; but this is not sufficient. The law requires proof. The action is brought to recover the sum of $500 as broker’s commissions on the sale of real estate belonging to the defendant. The defendant admitted on the trial that he agreed to pay the plaintiff, the commission if he should secure a sale of the property, and the evidence shows that shortly thereafter the defendant and one Katherine Kohler, through her attorney, H. L. Tuck, executed a written contract for the sale…
2Cases cited5 opinions
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- Barnard v. MonnotNew York Court of Appeals · 1866
- McClave v. . PaineNew York Court of Appeals · 1872
- Tombs v. AlexanderMassachusetts Supreme Judicial Court · 1869
- Briggs v. RoweNew York Court of Appeals · 1868
3Cited by5 opinions
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- Grace v. Dry Dock Savings BankAppellate Division of the Supreme Court of the State of New York · 1957
- Norman v. Oakland Golf ClubAppellate Division of the Supreme Court of the State of New York · 1953
- Walleston v. FahnestockAppellate Terms of the Supreme Court of New York · 1909