Bonwell v. Howes
New York Court of Common Pleas
Appeal from city court, general term. Action by Charles E. Bonwell against John T. Howes in the city court to recover commissions as a real-estate broker. Judgment for plaintiff, which, •on appeal was affirmed by the general term, (1 N. Y. Supp. 435.) Defendant .again appeals.
1Opinion of the CourtVan Hoesen, J.
The motion for a dismissal of the complaint ought to have been granted. It appeared that the defendant never employed the plaintiff’s assignor, never knew of such employment until after the exchange of the two pieces of property had been effected, and never authorized or ratified ■such employment. Of these facts, there cannot be any question. The evidence adduced by the plaintiff showed that Rogers, the plaintiff’s assignor, knew that Reuben W. Howes was acting as the agent for his son, John T. Howes, the defendant, in selling the Tenth-Avenue property; and that not until after the property…
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