Arndt v. Miller, Daybill & Co.
Appellate Terms of the Supreme Court of New York
Appeal by plaintiffs from a judgment for costs entered in the office of the clerk of the Municipal Court of the city of New York, eleventh district, borough of Manhattan, in favor of the defendant and against the plaintiffs.
1Opinion of the CourtScott, J.
I cannot see any theory upon which the plaintiffs could recover judgment in this action which, as orally pleaded, is for “ commissionsand their whole case is based upon the assumption that, in some way, the defendant, by employing them to obtain insurance, incurred an obligation to make compensation for the service by paying commissions to the plaintiffs. The evidence clearly shows that defendant assumed no such liability. Its only liability was to the Insurance Company, and it was limited to the payment of the agreed premium. According to the custom of the business as testified to by…
2Cited by8 opinions
- James v. Home of the Sons & Daughters of IsraelAppellate Terms of the Supreme Court of New York · 1915
- Coro Brokerage, Inc. v. RickardSupreme Court of New Jersey · 1959
- Friedman v. MarkmanAppellate Division of the Supreme Court of the State of New York · 1960
- Korn v. ReichNew York Supreme Court · 1928
- Walter G. Keyser & Co. v. Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1944
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