Roome v. Robinson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Josephine G. Robinson and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Few York on the 18th day of February, 1904, upon the verdict of a jury rendered by direction of the court after a trial at the Few York Trial Term, and also from an order entered in said clerk’s office on the 17th day of February, 1904, denying the defendants’ motion for a new trial made upon the…
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Appeal by the defendants, Josephine G. Robinson and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Few York on the 18th day of February, 1904, upon the verdict of a jury rendered by direction of the court after a trial at the Few York Trial Term, and also from an order entered in said clerk’s office on the 17th day of February, 1904, denying the defendants’ motion for a new trial made upon the minutes. The plaintiff seeks to recover of the defendants commissions as broker amounting to $4,050, which he alleges were…
1Opinion of the Court
O’Brien, J.:
We think that the judgment in this case must be reversed. It was entered on a verdict directed in favor of the plaintiff, but in our view, giving to the testimony the inferences most favorable to plaintiff, the learned trial judge had no right to determine the issues in his favor as matter of law, they being, in our opinion, questions which should have been submitted to the jury.
*147In order to recover it was necessary for the plaintiff to prove, first, an employment by the defendants; second, the rendition of services at their request, and, third, that in connection with such…
2Cases cited4 opinions
- West v. SmithSupreme Court of the United States · 1879
- Claflin v. Farmers' & Citizens' Bank of Long IslandNew York Court of Appeals · 1862
- Tennant v. . DudleyNew York Court of Appeals · 1895
- Carman v. . BeachNew York Court of Appeals · 1875
3Cited by9 opinions
- Larson v. ThomaSupreme Court of Iowa · 1909
- Baron v. Kings-Suffolk Realty Corp.New York Supreme Court · 1957
- Franklin v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1906
- Kunkel v. RattraySupreme Court of Oklahoma · 1924
- Greenfield v. BauschAppellate Division of the Supreme Court of the State of New York · 1933
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