Legal Opinion

Bennett v. Egan

The Superior Court of the City of New York and Buffalo

Decided May 1, 1893PublishedCited by 10 opinions

Exceptions from jury term. Action by Jesse 0. Bennett against John J. Egan and Daniel Hallecy to recover commissions. A verdict was directed for plaintiff, and defendants’ exceptions were ordered to be heard at general term in the first instance. Exceptions sustained.

1Opinion of the Court

FREEDMAN", J.

At the close of the whole case, both parties moved for the direction of a verdict. Neither requested that any question of fact be submitted to the jury. On the argument before us the counsel for the defendants conceded that the question to be determined is one of law. The substantial question, therefore, is whether, upon the evidence, the verdict should have been directed, *155as matter of law, in favor of the defendants, instead of the plaintiff. The action is brought by the plaintiff, a real-estate broker, to recover the amount of commissions alleged to be due to him from the…

2Cases cited7 opinions

  1. Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
  2. Bostwick v. . BeachNew York Court of Appeals · 1886
  3. Simonson v. KissickNew York Court of Common Pleas · 1871
  4. Alden v. . EarleNew York Court of Appeals · 1890
  5. Platt v. KohlerNew York Supreme Court · 1892

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3Cited by10 opinions

  1. Flaherty v. CaryAppellate Division of the Supreme Court of the State of New York · 1901
  2. C. H. Diamond & Co. v. HartleyAppellate Division of the Supreme Court of the State of New York · 1899
  3. Diamond Cattle Co. v. ClarkWyoming Supreme Court · 1937
  4. Dinkelspiel v. NasonCalifornia Court of Appeal · 1911
  5. Levy v. KottmanNew York Court of Common Pleas · 1895

5 more not listed; retrieve them via the Exa API.

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