Condict v. . Cowdrey
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made July 5, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover commissions claimed to be due plaintiff as broker upon a sale of land. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made July 5, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover commissions claimed to be due plaintiff as broker upon a sale of land. The facts, so far as material, are stated in the opinion. No sale was effected, and, therefore, the plaintiff cannot recover. (Cornish v. Capron, 136 N. Y. 233; Goddard v. Foster, 17 Wall. 142; Stephen’s Dig. of Ev. 168, 169 ; Park v. M.…
1Opinion of the CourtMaynard, J.
The defendant was the executrix of her husband’s will and the devisee of his real estate. Among the title papers which came into her possession were conveyances to him of eight different tracts of land in various counties in the state of Kentucky, aggregating 435,000 acr.es, and what - purported to be duly certified abstracts of title, showing, upon their face, a complete chain from the commonwealth of Yir ginia. It does not appear that the defendant, or her managing agent, one Samuel R. Dickson, had any knowledge of the genuineness of these abstracts. In 1887 Dickson, acting for the…
2Cited by32 opinions
- Payne v. PonderSupreme Court of Georgia · 1913
- Alt v. DoscherAppellate Division of the Supreme Court of the State of New York · 1905
- Watson v. OdellUtah Supreme Court · 1921
- Woolley v. LoewensteinNew York Supreme Court · 1894
- Snyder v. FidlerSupreme Court of Iowa · 1904
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