Burling v. Gunther
New York Court of Common Pleas
Appeal from a judgment of the General Term of the Marine Court of the city of New York, affirming a judgment of that court entered upon the verdict of a jury, and from an order denying a motion for a new trial. At some date in or prior to August, 1878, defendant employed Harnett, a real estate broker, to procure a loan of 135,000 for him at six per cent, interest per annum to be secured upon certain real estate in the city of New York.
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Appeal from a judgment of the General Term of the Marine Court of the city of New York, affirming a judgment of that court entered upon the verdict of a jury, and from an order denying a motion for a new trial. At some date in or prior to August, 1878, defendant employed Harnett, a real estate broker, to procure a loan of 135,000 for him at six per cent, interest per annum to be secured upon certain real estate in the city of New York. In that month Earle, a clerk for Harnett, applied to plaintiff’s assignor, George H. Burling, to obtain the loan. The latter succeeded, on September 4th, 1878,…
1Opinion of the CourtBeach, J.
The main question, at trial term, seems to have been, whether Burling, the plaintiff’s assignor, was a principal in dealing with the defendant, or acted as agent for Harnett, who was originally employed to procure the loan. The complaint counted for work, labor and services done at the defendant’s request, in the matter of obtaining a loan of monejr.
The letter of September 4th, incorrectly dated the 5th, seems competent as tending strongly to show Burling to have been a principal, from its being addressed to him, stating a readiness to accept his loan the next day at one o’clock P. M., and…
2Cases cited2 opinions
- Moses v. . BierlingNew York Court of Appeals · 1865
- Farron v. . SherwoodNew York Court of Appeals · 1858
3Cited by3 opinions
- Crasto v. WhiteNew York Supreme Court · 1888
- Friend v. JetterAppellate Terms of the Supreme Court of New York · 1897
- Denis v. TiltonLouisiana Court of Appeal · 1907