Legal Opinion

McLaughlin v. Whiton

City of New York Municipal Court

Decided January 15, 1902Published

Appeal from special term. Action by Arthur W. McLaughlin and others against Caroline W. Whiton. From a judgment overruling a demurrer to the- complaint, defendant appeals.

1Opinion of the CourtHascall, J.

The complaint alleges that defendant agreed to pay plaintiffs’ commissions on a loan to be procured by them for her; that they obtained a person ready and willing to make the loan; that owing to defendant’s inability to deliver a bond and mortgage because of incumbrances upon her premises, the same was not made; that plaintiffs did all in their power to bring about closing the loan, but failed because of the liens, etc., and that they have demanded payment of their claim. It will be observed that the contract alleged to have been made between the parties was, upon plaintiffs’ part, to>…

2Cases cited3 opinions

  1. Crasto v. WhiteNew York Supreme Court · 1889
  2. Putzel v. WilsonNew York Supreme Court · 1888
  3. The Rockford, Rock Island and St. Louis Railroad v. BoodyNew York Court of Appeals · 1874

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