Legal Opinion · Dissent

Squires v. Penfield

Appellate Terms of the Supreme Court of New York

Decided February 24, 1910Published

Appeal from City Court of New York, Trial Term. Action by Grant Squires against William W. Penfield. Prom a judgment for plaintiff, and an order denying a motion for a new trial,, defendant appeals.

1Dissent

WHITNEY, J. (dissenting).

The cause of action pleaded in the •complaint is that defendant “retained and employed this plaintiff to -examine the titles” to six parcels of land for mortgage loans, and -agreed to pay. $720 therefor, including the cost of title insurance and recording fees. The answer is a general denial. Defendant insisted "throughout the trial that plaintiff was acting, not as a lawyer, but as .a broker, and finally induced the trial judge to adopt that view. I think that the evidence shows that plaintiff was not in any sense a "broker, and that defendant at the time of the…

2Cases cited1 opinion

  1. Landes v. HartAppellate Division of the Supreme Court of the State of New York · 1909

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