Clapp v. Schaus
New York Surrogate's Court
Appeal by the defendants, Sophie J, Schaus and another, as executors, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of May, 1912, upon the verdict of a jury; also from an order entered in said clerk’s office on the 3d day of May, 1912, denying the defendants’ motion for a new trial made upon the minutes, and also from an order entered on the 21st day of May, 1912, denying the…
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Appeal by the defendants, Sophie J, Schaus and another, as executors, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of May, 1912, upon the verdict of a jury; also from an order entered in said clerk’s office on the 3d day of May, 1912, denying the defendants’ motion for a new trial made upon the minutes, and also from an order entered on the 21st day of May, 1912, denying the defendants’ motion to review the taxation of costs by the clerk, and to correct the judgment by striking therefrom the…
1Opinion of the CourtLaughlin, J.
The plaintiff, who describes his business as that of a “ picture commissionaire,” selling pictures on commission, alleged two causes of action in separate counts to recover commissions aggregating $9,711.45 for selling paintings and bronzes for the decedent, Hermann Schaus, who conducted a business as a dealer in paintings and other works of art at 415 Fifth avenue, New York city, where he had on exhibition a gallery of paintings. The verdict was for the full amount of commissions claimed in each count and interest.
The first cause of action is on an alleged oral contract; and the second is…
2Cases cited6 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Jarvis v. . SchaeferNew York Court of Appeals · 1887
- Shirk v. BrookfieldAppellate Division of the Supreme Court of the State of New York · 1902
- Robinson v. New York & Texas Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1901
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