American Mercantile Corp. v. Spielberg
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by the American Mercantile Corporation against Harold Spielberg. Judgment for defendant, and plaintiff brings error. Tiie American Mercantile Corporation is a corporation organized under the laws, of the state of Delaware. The defendant, Spielberg, is a citizen of the state of New York, residing in the Southern district of that state.
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In Error to the District Court of the United States for the Southern District of New York. Action by the American Mercantile Corporation against Harold Spielberg. Judgment for defendant, and plaintiff brings error. Tiie American Mercantile Corporation is a corporation organized under the laws, of the state of Delaware. The defendant, Spielberg, is a citizen of the state of New York, residing in the Southern district of that state. The defendant was the owner of an undivided half interest in the American steamship Fordonian, subject to said vessel being seenrity to the Equitable Trust Company…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). [1] The general rule is well established that, if by the contract of employment a broker is simply to find a customer who is able, ready, and willing to enter into a transaction with the principal on the terms prescribed by him, the broker is entitled to compensation on performing that service, whether or not the principal completes the transaction. Kock v. Emmerling, 22 How. 69, 16 L. Ed. 292; Handley v. Shaffer, 177 Ala. 636, 651, 59 South. 286; Blakeslee v. Peabody, 180 Mich, 408, 147 N. W. 570; Beougher v. Clark, 81 Kan. 250, 106 Pac. 39, 27 L. R. A.…
2Cases cited10 opinions
- Beuttell v. MagoneSupreme Court of the United States · 1895
- Beuttell v. MagoneSupreme Court of the United States · 1895
- Handley v. ShafferSupreme Court of Alabama · 1912
- Kock v. EmmerlingSupreme Court of the United States · 1860
- Beougher v. ClarkSupreme Court of Kansas · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Odem Realty Company v. DyerCourt of Appeals of Kentucky (pre-1976) · 1932
- Schulman v. City of New YorkNew York Supreme Court · 1942
- Knoechelmann's Administrator v. KnoechelmannCourt of Appeals of Kentucky (pre-1976) · 1932
- Evans v. MarrCourt of Appeals for the Fifth Circuit · 1924
- Fleischmann Mfg. Co. v. IrwinCourt of Appeals for the Second Circuit · 1924
1 more not listed; retrieve them via the Exa API.