Hertz v. Minzesheimer
New York Court of Common Pleas
Appeal from city court, general term. Action by Moses Hertz against Clara Minzesheimer. From a judgment of the city court (30 N. Y. Supp. 805) affirming a judgment rendered on a verdict in favor of plaintiff, and an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtBischoff, J.
This action was brought to recover an agreed compensation for services rendered by plaintiff, as broker, in the exchange of defendant’s property. The sole issue presented by the evidence was whether the defendant had promised to pay plaintiff $500 should the property received in exchange be of the value of $30,000, which it concededly was, or whether one-half of 1 per cent, upon such value was the commission agreed upon, which amount had been actually paid. As a witness for the plaintiff, Minna Hertz, his wife, was called, and testified that the promise to pay $500 was made in her presence.…
2Cases cited8 opinions
- Tooley v. . BaconNew York Court of Appeals · 1877
- Sloan v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Pence v. WaughIndiana Supreme Court · 1893
- Everson v. CarpenterNew York Supreme Court · 1837
- Pendleton v. . Empire Stone Dressing CompanyNew York Court of Appeals · 1859
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3Cited by2 opinions
- Collender v. ReardonAppellate Terms of the Supreme Court of New York · 1910
- Firemen's Fund Insurance v. SchreiberWisconsin Supreme Court · 1912