Bandman v. Finn
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Albert Bandman, for a new trial, upon, exceptions ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury, rendered by direction of the. court, after a trial at the New York Trial Term. The issues were brought to trial at a Trial Term held in April, 1904, in New York county.
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Motion by the plaintiff, Albert Bandman, for a new trial, upon, exceptions ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury, rendered by direction of the. court, after a trial at the New York Trial Term. The issues were brought to trial at a Trial Term held in April, 1904, in New York county. The court, refusing to direct a verdict .in favor of the plaintiff for $8,600, granted the defendant’s motion fora direction in favor of 'the plaintiff for $2,500.
1Opinion of the Court
McLaughlin, J.:
The plaintiff, as the assignee of one Herman Schmidt, brought this action to recover $8,600, a balance 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 he became entitled 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 14th,…
2Cases cited3 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
- Bandman v. FinnNew York Supreme Court · 1904