Bandman v. Finn
Appellate Division of the Supreme Court of the State of New York
Action by Albert Bandman against William E. Finn. Verdict was directed, on defendant’s motion, for less than plaintiff claimed. 89 N. Y. Supp. 504. Motion by plaintiff for a new trial on exceptions to be heard in the first instance in the Appellate Division. Exceptions sustained, and new trial granted.
1Opinion of the CourtMcLAUGHLIN, J.
The plaintiff,.as the assignee of one Herman Schmidt, brought this action to recover $8,600, a balánce alleged to be due for commissions in the- sale of certain real estate in,.the city of New York. The real estate referred to was-owned .by the. Hilton estate, and the fact is not disputed that the sale of .it to the* defendant was brought about by- Schmidt, .and by'reason thereof lie. became. en*1097titled to receive certain commissions. In settlement of these commissions at the time of the conveyance, the defendant executed and delivered to Schmidt the following agreement:
“New York, May 14, 1902.
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2Cases cited2 opinions
- McIntosh v. MinerAppellate Division of the Supreme Court of the State of New York · 1899
- Hartwig v. American Malting Co.Appellate Division of the Supreme Court of the State of New York · 1902