Colwell v. Tompkins
Appellate Division of the Supreme Court of the State of New York
. 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
- McClave v. . PaineNew York Court of Appeals · 1872
3Cited by11 opinions
- Hamilton v. GillenderAppellate Division of the Supreme Court of the State of New York · 1898
- Shapiro v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1907
- Shipman v. WilkesonNew York Supreme Court · 1908
- Doran v. BussardAppellate Division of the Supreme Court of the State of New York · 1897
- Hamilton v. GillenderAppellate Division of the Supreme Court of the State of New York · 1898
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