Legal Opinion

Bauer v. Dewey

Appellate Division of the Supreme Court of the State of New York

Decided December 7, 1900Published

Appeal from trial term. Action by Otto H. Bauer against William 0. Dewey; John H. DeSack, Intervener. From an order permitting intervener to be made .¿a party, plaintiff appeals.

1Opinion of the CourtHatch, J.

This action was brought by the plaintiff, as assignee <af the claim of one Diamond, to recover the sum of $2,500, which *263amount it is alleged in the complaint the defendant Dewey agreed to pay said Diamond as commissions for services rendered by the latter, as broker, in effecting the exchange of certain real properties. Shortly after the appearance of the defendant in the action the respondent Delack made a motion to intervene, alleging that he was entitled to one-half of the commissions owing to Dewey in the transactions; his claim, as set forth in the affidavit, being that Diamond was…

2Cases cited4 opinions

  1. Chapman v. . ForbesNew York Court of Appeals · 1890
  2. Rosenberg v. . SalomonNew York Court of Appeals · 1894
  3. Merchants' National Bank v. HagemeyerAppellate Division of the Supreme Court of the State of New York · 1896
  4. Montague v. Jewelers & Tradesmen's Co.Appellate Division of the Supreme Court of the State of New York · 1899

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