Terry v. Buek
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Buek, from an order of the '■Supreme Court, made at the Hew York Trial Term and entered in the office of the clerk of the county of Hew York on the 21st day of Hóvember, T898, granting the plaintiff’s motion to set aside the verdict of a jury on the first cause of action alleged in the complaint and granting a new trial with respect to such cause of action.
1Opinion of the Court
McLaughlin, J.:
< The plaintiff employed one Abbey, a real estate • broker, to sell two houses for him situated in the city of Hew- York, and after ■some negotiations Abbey sold the same, including certain household furniture therein, to the defendant. Abbey represented to the plaintiff that all the defendant would pay for the houses, over and shove the liens thereon, was the sum of $3,000, and he represented to -the defendant that he was the real owner and that the plaintiff held the title simply as security for the payment of $3,000, upon receiving which a deed of conveyance would be given.…
2Cases cited2 opinions
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Riley v. . Albany Savings BankNew York Court of Appeals · 1886
3Cited by2 opinions
- Heffernan v. Prudential InsuranceNew York Supreme Court · 1914
- Feinberg v. AllenAppellate Division of the Supreme Court of the State of New York · 1911