McVickar v. Roche
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Patrick H. Roche, from a judgment of. the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 15th day of February, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 17th day of March, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
This action was brought to recover commissions upon an alleged employment of Hyland P. Rice, an agent of the plaintiffs, a real estate firm, by the defendant as broker, to secure a tenant for premises which were part of the Rossmore Hotel, on Broadway, Hew York city. The defendant was the lessee of the hotel, and, upon taking possession, had closed the dining room upon the first floor, placing a sign in the window that the same would be opened later after alterations and repairs had been made. Rice, noticing the vacant premises, called upon the defendant, after sending him his card…
2Cases cited2 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Benedict v. PellAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by6 opinions
- Greiner-Maltz Co. v. StevensNew York Supreme Court · 1971
- In re a Paper Propounded for Probate as the Last Will & Testament of KlinznerNew York Surrogate's Court · 1911
- Willingham v. ThompsonCourt of Appeals of Texas · 1939
- Bennett v. Riverland Co.District Court, N.D. Oklahoma · 1925
- Black v. VaethUtica City Court · 1967
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