Legal Opinion

Donovan v. Middlebrook

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1904PublishedCited by 24 opinions

Appeal by the plaintiff, Richard J. Donovan, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of. New York on the 9th'day of 'January, 1904, 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.:

This appeal is from a judgment dismissing the complaint at the close of plaintiff’s ease.' The action was brought to recover one-half of brokers’ commissions in the sale of real estáte under an alleged assignment. The complaint alleged, in .substance, that in March or April, Í903, the defendants' employed one Joseph Toch to secure a purchaser for certain real estate in the city of New York, and agreed if successful to pay him a commission of two per cent of the purchase money; that Toch, with the aid and influence of one Horowitz, procured a purchaser to whom the property was…

2Cases cited6 opinions

  1. Williams v. . IngersollNew York Court of Appeals · 1882
  2. Christmas v. RussellSupreme Court of the United States · 1872
  3. Fairbanks v. . SargentNew York Court of Appeals · 1889
  4. Fisher v. New-York Common PleasNew York Supreme Court · 1836
  5. Thomas v. New York & Greenwood Lake Railway Co.New York Court of Appeals · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Alan B. Miller, Trustee in Bankruptcy of American Ibc Corp., Bankrupt v. Wells Fargo Bank International Corp.Court of Appeals for the Second Circuit · 1976
  2. Ward v. New York Life InsuranceNew York Court of Appeals · 1919
  3. Miller v. Wells Fargo Bank International Corp.District Court, S.D. New York · 1975
  4. In re MeekerNew York Surrogate's Court · 1929
  5. In re LacailleNew York Supreme Court · 1964

19 more not listed; retrieve them via the Exa API.

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