Van Orden v. Simpson
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fifth district, entered after a trial by the court.
1Opinion of the CourtPendleton, J.
The action is for broker’s commission in obtaining a loan. The defense is a denial. At the trial plaintiff testified to the employment, and any question as to plaintiff’s having been employed to secure a loan is, I think, settled by defendant’s letter of January fourth, which distinctly speaks of a loan. The substantial question involved is whether the commission was earned. It fairly appears from the evidence that plaintiff procured a lender able and willing to make the loan and so notified the defendant, and by agreement the closing was fixed for Saturday, no hour *323being named; the plaintiff…
2Cases cited1 opinion
- Page v. . ShainwaldNew York Court of Appeals · 1901
3Cited by6 opinions
- Lehigh Valley R. v. John Lysaght, Ltd.Court of Appeals for the Second Circuit · 1921
- Andes Co-Operative Dairy Co. v. Commercial Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1923
- Meier v. City of New YorkAppellate Terms of the Supreme Court of New York · 1951
- Blake v. PerrinCourt of Appeals for the Second Circuit · 1917
- Lingquist v. LobleMontana Supreme Court · 1922
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