Dodge v. . Weill
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 6, 1896, affirming a judgment entered upon the verdict of a jury. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to admit the evidence of services and transactions not included in the plaintiff’s bill of particulars.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 6, 1896, affirming a judgment entered upon the verdict of a jury. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to admit the evidence of services and transactions not included in the plaintiff’s bill of particulars. (Mathews v. Hubbard, 47 N. Y. 429 ; Higenbotam v. Green, 25 Hun, 216 ; Bowman v. Earle, 3 Duer, 691; Brown v. Williams, 4 Wend. 368; Dwight v. G. L. Ins. Co., 84 N. Y. 506 ; Wait v. Borne, 123 N. Y. 608 ;…
1Opinion of the CourtVann, J.
The object of this action was to recover compensation for services alleged to have been rendered by the plaintiff for the defendant with reference to the purchase of land by the latter. The plaintiff alleged that in March, 1888, he agreed to enter the defendant’s employment in looking up and negotiating purchases of land for him, and that he would work for no one else in that business; that the defendant agreed to pay him the regular commission of per cent on such sales as plaintiff helped to bring about, and if they turned out well he should have a handsome percentage- on the profits…
2Cases cited3 opinions
- Insurance Co. v. WeideSupreme Court of the United States · 1871
- Matthews v. . HubbardNew York Court of Appeals · 1872
- Barney v. FullerNew York Court of Appeals · 1892
3Cited by11 opinions
- United States Printing & Lithograph Co. v. PowersAppellate Division of the Supreme Court of the State of New York · 1916
- James Talcott, Inc. v. GreensteinAppellate Division of the Supreme Court of the State of New York · 1924
- Standard Brewery v. HealyAppellate Court of Illinois · 1917
- Baright v. WalskaAppellate Division of the Supreme Court of the State of New York · 1925
- Dixon v. MorrisAppellate Division of the Supreme Court of the State of New York · 1943
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