Halperin v. Schermerhorn
New York Court of Common Pleas
Appeal from eleventh district court. Action by William Halperin against Arthur F. Schermerhorn to recover a share of broker’s commissions. A judgment in favor of plaintiff was rendered by the justice without a jury, and defendant appeals. Affirmed.
1Opinion of the CourtGiegerich, J.
The parties litigant were real-estate brokers in this city at the time of the transactions hereinafter mentioned. By their joint efforts two loans were placed, from which the defendant received, in the aggregate, $332.50. It was substantially conceded by the defendant at the trial that, when a loan is secured by two brokers working together, the custom and usage in this city, in the absence of an agreement, is to divide their commissions equally. But the defendant contends that there was an express agreement between the plaintiff and himself, whereby the plaintiff agreed to first submit all…
2Cases cited3 opinions
- Bonynge v. . FieldNew York Court of Appeals · 1880
- Lynes v. HickeyNew York Court of Common Pleas · 1893
- Krahner v. HeilmanNew York Court of Common Pleas · 1890