Davis v. Jacobson
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Jacob Davis against Ferdinand Jacobson and another , for commissions for procuring two lessees for certain premises. From a judgment for plaintiff, defendants appeal. Reversed, and new trial ordered.
1Per curiam
It is noted by the learned trial justice that the defendants did not produce, on the latest trial of this action for procuring two lessees for certain premises, two witnesses whom' they ■had at the first. Be, however, the defendants’ witnesses fewer, or. more, or none at all, the plaintiff had the same obligation to prove his alleged cause of action, and this his evidence did not accomplish. No lease was executed between the parties, nor could a skillful scrivener, taking all said by and for the plaintiff, draw a lease and say that it contained the terms and particulars agreed upon by the…
2Cases cited1 opinion
- Sherry v. ProalAppellate Division of the Supreme Court of the State of New York · 1908