Kervan v. Hellman
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendant, Myer Hellman,- from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on -the 31st day of January, 1905, upon the decision of the court rendered after a. trial at the Hew York Special Term, as resettled by an order entered in said clerk’s'office on the 7th day of February, 1905, and also from -the said order resettling the judgment appealed from.
1Opinion of the Court
O’Brien, P. J.:
We are of the opinion that the judgment appealed from is erroneous in so far as it awards a personal recovery against the appellant Hellman,'for the reason that the pleadings do hot justify such a‘ recovery. . . '
The complaint alleges 'that the defendant Hicholsburg was the owner of a lot of land in the city of Hew York, and on june 12, 1901, employed the plaintiff as a broker to procure a building loan for $130,000 to enable him to erect a building upon the lot; that he agreed to pay plaintiff four per cent to cover his commissions and the costs necessarily incurred in…
2Cases cited4 opinions
- Wright v. . DelafieldNew York Court of Appeals · 1862
- Day v. . Town of New LotsNew York Court of Appeals · 1887
- Consolidated Fruit Jar Co. v. WisnerAppellate Division of the Supreme Court of the State of New York · 1905
- Becker v. KrankAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Hochen v. RubinAppellate Division of the Supreme Court of the State of New York · 1965
- Polhemus v. PolhemusAppellate Division of the Supreme Court of the State of New York · 1906