Baker v. Thomas
New York Court of Common Pleas
Appeal from city court, general term. Action by Frank S. Baker against James R. Thomas for broker’s commissions. From a judgment of the city court (31 N. Y. Supp. 993) affirming a judgment entered on a verdict in favor of plaintiff, defendant appeals.
1Opinion of the CourtBischoff, J.
This action was brought to recover commissions alleged to have been earned by plaintiff upon a sale of certain real property of the defendant. The plaintiff’s employment by the defendant as broker to effect a sale sufficiently appears from the record, but the evidence fails to support the essential fact that he was procuring cause of the sale which actually took place, and the appellant’s exceptions to the denial of his motion for a dismissal of the complaint, or the direction of a verdict, present error for which the judgment must be reversed. The facts, as shown in behalf of the plaintiff,…
2Cases cited7 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Levy v. CooganNew York Court of Common Pleas · 1890
- Hudson v. . R., W. O.R.R. Co.New York Court of Appeals · 1895
- Carroll v. TuckerNew York Court of Common Pleas · 1893
- Gold v. SerrellNew York Court of Common Pleas · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- Atwater v. WilsonNew York Court of Common Pleas · 1895
- Wynus v. UtzAppellate Division of the Supreme Court of the State of New York · 1912
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