Legal Opinion

Colwell v. Tompkins

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 11 opinions

. Appeal by the plaintiff, Harry E. Colwell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Westchester on the 9th day of December, 1895, upon a dismissal of the complaint at the close of the evidence on both sides, directed by the court after a trial at the Westchester Circuit before the court and a jury, and also from an order entered in said cleric’s office on the 18th day of December, 1895, denying the…

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. Appeal by the plaintiff, Harry E. Colwell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Westchester on the 9th day of December, 1895, upon a dismissal of the complaint at the close of the evidence on both sides, directed by the court after a trial at the Westchester Circuit before the court and a jury, and also from an order entered in said cleric’s office on the 18th day of December, 1895, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Willard Bartlett, J.:

This action was brought to recover commissions which were claimed by the plaintiff, as a real estate broker, for effecting the sale to one Frank W. Molloy of certain property at New Rochelle, N. Y., belonging to the defendant, for the sum of $20,000. The learned judge who presided at the trial dismissed the complaint on the ground that the plaintiff’s efforts did not constitute the moving cause which secured the purchaser. I am satisfied that he was clearly right in this view. To demonstrate its correctness we need not go beyond the testimony of the first witness called…

2Cases cited1 opinion

  1. McClave v. . PaineNew York Court of Appeals · 1872

3Cited by11 opinions

  1. Hamilton v. GillenderAppellate Division of the Supreme Court of the State of New York · 1898
  2. Shapiro v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1907
  3. Shipman v. WilkesonNew York Supreme Court · 1908
  4. Doran v. BussardAppellate Division of the Supreme Court of the State of New York · 1897
  5. Hamilton v. GillenderAppellate Division of the Supreme Court of the State of New York · 1898

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