Benedict v. Pell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alfred Duane Pell, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of November, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the lltli day of November, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The action was brought by a real estate broker to recover commissions upon the sale of a piece of real estate by the defendant. At the end of the plaintiff’s case the defendant moved to dismiss the complaint upon the ground that the plaintiff was not employed by the defendant, and that the defendant had no knowledge that the plaintiff was a broker or assumed to act for him. This motion was denied to which the defendant excepted.
The plaintiff testified that he called upon a Mr. Smith and *42suggested that he (Smith) purchase a piece of property on the northwest corner of…
2Cases cited3 opinions
- Edwards v. . DooleyNew York Court of Appeals · 1890
- Fowler v. HoschkeAppellate Division of the Supreme Court of the State of New York · 1900
- Bright v. Canadian International Stock-Yard & Abattoir Co.New York Supreme Court · 1895
3Cited by12 opinions
- Barrett v. LangAppellate Division of the Supreme Court of the State of New York · 1934
- McVickar v. RocheAppellate Division of the Supreme Court of the State of New York · 1902
- Meltzer v. Flying Fame, Inc.Appellate Division of the Supreme Court of the State of New York · 1928
- Julien J. Studley, Inc. v. New York News, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Haynes v. FraserAppellate Division of the Supreme Court of the State of New York · 1902
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