Benedict v. . Pincus
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first-judicial department, entered May-17, 1906, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first-judicial department, entered May-17, 1906, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term. This action was brought to recover commissions alleged to have been earned by the plaintiff as a broker in procuring a tenant ready and willing to take a lease from the defendants of certain premises in which they had a leasehold interest with the right to sublet the same. Among other allegations the complaint contained the following: “ That the said…
1Opinion of the CourtVann, J.
The trial court refused to allow the plaintiff to give evidence or make proof, because it felt bound by the decision of the Appellate Division, made upon a previous appeal, that the paper set forth in the complaint was an option and not an agreement for a lease. (109 App. Div. 20.) As the complaint "was dismissed upon the opening the question presented for decision is whether it alleges facts sufficient to constitute a cause of action. I agree with my brother Haight that the determination of that question depends upon the, inquiry whether the paper set forth in the complaint is a binding…
2Cases cited6 opinions
- Richards v. EdickNew York Supreme Court · 1853
- Baldwin v. . HumphreyNew York Court of Appeals · 1871
- Simonson v. KissickNew York Court of Common Pleas · 1871
- Ellis v. . MillerNew York Court of Appeals · 1900
- Benedict v. PincusAppellate Division of the Supreme Court of the State of New York · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
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- C. C. Slaughter Cattle Co. v. Potter CountyCourt of Appeals of Texas · 1921
- Morgan v. ForbesMassachusetts Supreme Judicial Court · 1920
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