Bandman v. . Finn
New York Court of Appeals
Appeal from an order, of the Appellate Division of the Supreme Court iu the first judicial department, entered April 13, 1905, sustaining plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, and granting a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order, of the Appellate Division of the Supreme Court iu the first judicial department, entered April 13, 1905, sustaining plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, and granting a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. By the mutual request for the direction of a verdict and by plaintiff’s failure to ask to go to a jury the trial court was clothed with full power to decide the facts. All facts and inferences necessary to support the findings of the trial…
1Opinion of the Court
Cullen, Ch. J.
On May 14th, 1902, the defendant became the purchaser from the executors of Henry Hilton of certain premises on Broadway and Lafayette place, in the city of Hew York. Out of the negotiations leading to that sale, in the procurement of which the plaintiff’s assignor, one Schmidt, had acted as broker, the defendant executed and delivered to •said Schmidt the following agreement:
“I, William E. Finn, in consideration of H. Schmidt executing a release of claim for commission to Horace Russell and Edward D. Harris, as Executors, etc., do hereby agree to pay to said II. Schmidt One…
2Cases cited11 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Ryan v. . WardNew York Court of Appeals · 1872
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Kromer v. . HeimNew York Court of Appeals · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Reilly v. . BarrettNew York Court of Appeals · 1917
- Priest v. OehlerSupreme Court of Missouri · 1931
- Wasserstrom v. Interstate Litho Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Armstrong v. Sacramento Valley R. Co.California Supreme Court · 1919
- Lutz v. Frick Co.Indiana Supreme Court · 1962
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