Preston, Inc. v. Rice
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lewis B. Preston, Inc., from a final 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 15th day of June, 1918, in so far as- it fails to award to plaintiff the entire fund of $1,470, deposited in court in this action, but directs an equal division thereof between the plaintiff and the defendants Rice and Hill, and in so far as said judgment fails to direct payment by the…
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Appeal by the plaintiff, Lewis B. Preston, Inc., from a final 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 15th day of June, 1918, in so far as- it fails to award to plaintiff the entire fund of $1,470, deposited in court in this action, but directs an equal division thereof between the plaintiff and the defendants Rice and Hill, and in so far as said judgment fails to direct payment by the defendants Rice and Hill of plaintiff’s counsel fee and expenses of this action. The judgment was rendered upon the decision…
1Opinion of the Court
Smith, J.:
This is a controversy between two brokers. The plaintiff claims to have been the producing cause of a lease between the lessor and lessee. The defendants claim to have been a contributing factor thereto and thus to be entitled to a part of the commissions. The lessor, by consent of both brokers, deposited the commission money with the lessee and it has since been deposited in court subject to the directions of this judgment.
The respondents’ counsel conceded in the argument that if this action had been brought against the lessor for commissions, and the defendants claiming an…
2Cases cited1 opinion
- Dardonville v. SmithAppellate Division of the Supreme Court of the State of New York · 1909