Legal Opinion

Olsen v. Moran

Appellate Terms of the Supreme Court of New York

Decided May 15, 1906PublishedCited by 3 opinions

Appeal from an order 'of the City Court of the city of New York, denying a motion for an order of interpleader under section 820 of the Code.

1Opinion of the CourtClinch, J.

The plaintiff seeks to recover on an express employment and on a written agreement to pay. The action *656was for a broker’s commission on a sale of real estate. The defendant states in his moving affidavit that he had employed one Miller to make the sale; that a demand has been made against him for the sum of $550, and that the claim and demand made by the said Miller “ is the same claim anti demand made by the plaintiff.” In this latter statement he is clearly wrong. Each claim is based upon a distinct contract alleged to have been made between the claimant and the defendant.

This is not a…

2Cases cited2 opinions

  1. McCreery v. IngeAppellate Division of the Supreme Court of the State of New York · 1900
  2. Cohen v. CohenCity of New York Municipal Court · 1901

3Cited by3 opinions

  1. Clark v. ChildsAppellate Division of the Supreme Court of the State of New York · 1932
  2. Rogers v. Picken Realty Co.Appellate Terms of the Supreme Court of New York · 1907
  3. Llop v. First National BankNew York Supreme Court · 1942

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