Miller v. Burke
New York Court of Common Pleas
Appeal by defendant from a judgment of this court against him for $574, besides costs, entered on the report .of Thomas W. Olerke, Esq. appointed a referee to hear and determine the issues. The action was brought to recover auctioneer’s fees for selling twenty-one (21) parcels of land which the plaintiff alleged the defendant had purchased at a sale held by him, and at the rate of $25 for each parcel.
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Appeal by defendant from a judgment of this court against him for $574, besides costs, entered on the report .of Thomas W. Olerke, Esq. appointed a referee to hear and determine the issues. The action was brought to recover auctioneer’s fees for selling twenty-one (21) parcels of land which the plaintiff alleged the defendant had purchased at a sale held by him, and at the rate of $25 for each parcel. The defendant in his answer, denied any knowledge or information sufficient to constitute a belief as to whether the plaintiff was a duly licensed auctioneer, as in the complaint he alleged he…
1Opinion of the Court
Chables P. Daly, Chief Justice.
I cannot agree with Judge Larremore,* that the plaintiff was entitled to recover a separate auctioneer’s fee of $25 for each of the lots from Eo. 227 to 244 inclusive. The auctioneer’s fee was fixed by the terms of sale, which were printed and advertised, as a general notice to the public, by the referee, under whose direction the sale was made. This being the case, it was not in the power of the auctioneer to change or vary the terms of sale, unless with the consent or by the authority of the referee ; of which there was no proof by any such announcement at the…
2Cases cited2 opinions
- Garnsey v. . RogersNew York Court of Appeals · 1872
- Graham v. BleakieNew York Court of Common Pleas · 1866
3Cited by1 opinion
- Johnson v. . SirretNew York Court of Appeals · 1897