Colvin v. . Post Mortgage Land Co.
New York Court of Appeals
Appeal from a judgment, entered June 8, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered June 8, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division erred in holding that because the terms of plaintiff’s contract were that he was to receive payment of his commissions out of installments as received, that this action, being brought before the actual receipt of…
1Opinion of the CourtAndrews, J.
This is an action by a broker to recover his commissions on the sale of real estate concededly brought about by him. His employment by the defendant is also conceded. The dispute is. as to whether these commissions are yet due. At the close of the testimony the trial court directed a verdict in the. plaintiff’s favor for $16,996. The Appellate Division has reversed the judgment subsequently entered and dismissed the complaint.
From the testimony before it the jury might have found that the defendant claimed to own some 16,500 acres of wild land in New Jersey. In 1909 it employed the plaintiff…
2Cases cited4 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Gilder v. . DavisNew York Court of Appeals · 1893
- Seymour v. St. Luke's HospitalAppellate Division of the Supreme Court of the State of New York · 1898
- Larson v. BurroughsAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by48 opinions
- Lane — Real Estate Department Store, Inc. v. Lawlet Corp.New York Court of Appeals · 1971
- Graff v. BilletNew York Court of Appeals · 1985
- Jones v. Palace Realty Co.Supreme Court of North Carolina · 1946
- Curtis Properties Corp. v. Greif Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Wagner v. DerecktorNew York Court of Appeals · 1954
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