Walton v. McMorrow
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Francis T. Walton, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of November, 1900, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
McLaughlin, J.:
On a former appeal the judgment recovered by the plaintiff was reversed and a new trial ordered ( Walton v. McMorrow, 39 App. Div. 667) on the' ground that the case on appeal did not show that the plaintiff “.did anything under the employment or rendered any services to the defendant for which he is entitled to be paid.”
The action was brought to recover a certain sum alleged to have been earned by the plaintiff as a broker in effecting an exchange of ■certain property —an apartment house owned by the defendant— for property owned by one Chesebrough, and for which the plaintiff…
2Cases cited2 opinions
- Walton v. CheseboroughAppellate Division of the Supreme Court of the State of New York · 1899
- Walton v. McMorrowAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Veatch v. Standard Oil Co.District Court, S.D. New York · 1940
- Edel v. HillenbrandAppellate Terms of the Supreme Court of New York · 1909