Wynus v. Utz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Wynus, from a judgment of the County Court of Suffolk county in favor of the defendant, entered in the office of the clerk of said county on the 20th day of May, 1911, upon the verdict of a jury rendered by direction of the court after a trial at a Trial Term of said County Court, both sides having moved for the direction of a verdict, and also, as stated in the notice of appeal, from an order entered on the same day directing such verdict.
1Opinion of the Court
Hirschberg, J.:
The action is to recover commissions on the sale of oysters. At the close of the case each side moved for the direction of a verdict, and the court decided the controversy in the defendant’s favor..
The employment of the plaintiff by the defendant to sell the latter’s oysters on commission in the fall of 1909 is undisputed. It is also undisputed that the plaintiff procured Captain Wedmóre as a prospective purchaser, and that negotiations were entered into between the defendant and the captain for the sale, but that such negotiations proved wholly abortive. The captain wanted…
2Cases cited8 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Gerding v. . HaskinNew York Court of Appeals · 1894
- Halpern v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Colwell v. TompkinsAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by2 opinions
- Nitsch v. Wabburton Hall Ass'nNew York Supreme Court · 1927
- Smith v. Glens Falls Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1931