Hamilton v. Gillender
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Augustus T. Gillender, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of February, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 2Sth day of January, 1897, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Augustus T. Gillender, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of February, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 2Sth day of January, 1897, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover , commissions alleged to have been earned by the plaintiff as a real estate broker in making a sale or exchange of property belonging to the defendant.
1Opinion of the Court
McLaughlin, J.:
We think the judgment should be reversed.' The record fails to disclose any evidence from which the jury could find that the plain*157tiff performed any service in bringing about a sale or exchange of the defendant’s, property which legally entitled him to a- commission. What he claims to have done is this: One Gardner, a real estate broker, wrote a letter to one Roberts,- whom he at the time supposed was the owner of the defendant’s property, saying that he had city property which he would like to exchange for it. Roberts sent this letter to the plaintiff, who forwarded it to the…
2Cases cited4 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Gerding v. . HaskinNew York Court of Appeals · 1894
- Colwell v. TompkinsAppellate Division of the Supreme Court of the State of New York · 1896
- Bamberger v. FillebrownThe Superior Court of the City of New York and Buffalo · 1895
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- Nitsch v. Wabburton Hall Ass'nNew York Supreme Court · 1927
- Veatch v. Standard Oil Co.District Court, S.D. New York · 1940
- Wynus v. UtzAppellate Division of the Supreme Court of the State of New York · 1912
- Schmidt v. UngrichAppellate Terms of the Supreme Court of New York · 1913