McCormack v. Mandelbaum
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Richard R. Mandelbaum, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 8th day of February, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of February, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The plaintiff simply stands in the shoes of Maryon, who testified on his direct examination that he had a conversation with the defendant, who therein agreed to pay him ten per cent for certain collections, “ the same as he would an attorney.” This testimony was taken without objection, save that the witness was permitted to refer to a memorandum. The defendant testified on direct examination that he had a conversation with Maryon regarding the employment of attorneys to collect accounts of sales made by him. He was then asked : “ Did you or did he agree to pay one-lialf of whatever…
2Cases cited1 opinion
- Wallis v. . RandallNew York Court of Appeals · 1880
3Cited by3 opinions
- Electric Carriage Call & Specialty Co. v. HermanNew York Supreme Court · 1910
- Carpenter v. SearsNew York Supreme Court · 1927
- Matthews Sales Co. v. HutchesonAppellate Division of the Supreme Court of the State of New York · 1915