Legal Opinion

Zeimmer v. Schmalz

New York Marine Court

Decided May 15, 1882Published

1Opinion of the CourtMcAdam, J.

The plaintiff, .who claims to be a pauper, makes application for leave to prosecute as a poor person (Code, §§ 458-462). The action is for brokerage, and the answer, which is verified, denies all *436the allegations of the 'complaint. The question presented, therefore, is whether, in the light of these circumstances, the impecunious broker should be allowed without cost or liability to prosecute the defendant, who is a female, for the brokerage he claims to have earned. The courts have held that the statute under which such applications are made should be construed strictly, for, as was said by…

2Cases cited1 opinion

  1. In re The President, Directors & Co. of the Franklin BankNew York Court of Chancery · 1828

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