Stillman v. Mitchell
The Superior Court of New York City
Appeal by the defendant, from a judgment and from an order denying a motion for a new trial on a case and exceptions. The cause was tried before Justice White and a jury. • The action was for brokerage and commissions on the sale of the steamers “Augusta,” “Alabama” and “Florida” to the United States, in August, 1861. The agreement between the parties upon which the action is brought was under seal, and dated on the 9 th day of May, 1861, as follows : “ Whereas, I desire to…
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Appeal by the defendant, from a judgment and from an order denying a motion for a new trial on a case and exceptions. The cause was tried before Justice White and a jury. • The action was for brokerage and commissions on the sale of the steamers “Augusta,” “Alabama” and “Florida” to the United States, in August, 1861. The agreement between the parties upon which the action is brought was under seal, and dated on the 9 th day of May, 1861, as follows : “ Whereas, I desire to sell the steamers Augusta, Alabama, Florida and Star of the South. Now, in consideration thereof, .and of one dollar to…
1Opinion of the Court
By the Court,
Robertson, Ch. J.
The request on the trial, on the defendant's part, to charge the jury in this case, that the agreement in controversy was void, if it was made in reference to the influence of the plaintiff or his friends; with members of the administration, or persons connected therewith whose duty it was to act in the purchase of steamers* and the commission fixed in reference • to that influence, was properly refused. No such defense was set up in the answer, and any evidence to that effect, if introduced, would not authorize an amendment to it under the 173d section of. the…
2Cases cited2 opinions
- Glentworth v. LutherNew York Supreme Court · 1855
- Barnard v. MonnotNew York Supreme Court · 1861