Olsen v. Moran
Appellate Terms of the Supreme Court of New York
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
- McCreery v. IngeAppellate Division of the Supreme Court of the State of New York · 1900
- Cohen v. CohenCity of New York Municipal Court · 1901
3Cited by3 opinions
- Clark v. ChildsAppellate Division of the Supreme Court of the State of New York · 1932
- Rogers v. Picken Realty Co.Appellate Terms of the Supreme Court of New York · 1907
- Llop v. First National BankNew York Supreme Court · 1942