Geery v. Pollock
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John Geery and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of June, 1896, upon the dismissal of their complaint directed by the court after a trial at a Trial Term of the Supreme Court held in and for the county of New York, and also from an order entered in said clerk’s office on the 12th day of June, 1896, denying the plaintiffs’ motion for a…
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Appeal by the plaintiffs, John Geery and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of June, 1896, upon the dismissal of their complaint directed by the court after a trial at a Trial Term of the Supreme Court held in and for the county of New York, and also from an order entered in said clerk’s office on the 12th day of June, 1896, denying the plaintiffs’ motion for a new trial made upon the minutes.
1Opinion of the Court
Parker, J.:
The dismissal of the complaint at the close of plaintiff’s case was error.' " •
The plaintiffs had proved their employment by the defendant to bring about a sale to him of certain premises situated on the southeast corner of Seventy-ninth street and Amsterdam avenue, then owned by Robert Wallace, and their efforts in that direction, which, in part, consisted in the procurement of an offer from Mr. Wallace to sell the premises for $47,500.
On the 12th day of December, 1893, the defendant called at the office of the plaintiffs and inquired what progress the plaintiffs had made, and was…
2Cases cited2 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Lansing v. BlissNew York Supreme Court · 1895