Abel v. Disbrow
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Livingston Disbrow, from a judgment of the County Court of Westchester county in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 6th day of June, 1896, upon the verdict of a jury, and also from an order bearing date the 16th day of June, 1896, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
This action is brought to recover commissions for services as a real estate broker in effecting an exchange of a farm owned by the defendant. The defendant denied the employment of the plaintiff and also that any services were rendered by him. The questions of fact were submitted to the jury, who found for the plaintiff, and from the judgment entered on that verdict this appeal is taken.
The principal assault on this recovery is made on a point that was not raised or suggested in the trial court. In the negotiations for the exchange of the defendant’s farm, the plaintiff concededly…
2Cases cited2 opinions
- Chatfield v. . SimonsonNew York Court of Appeals · 1883
- Duryee v. . LesterNew York Court of Appeals · 1878
3Cited by12 opinions
- Dickinson v. . TysenNew York Court of Appeals · 1913
- L. A. Grant Realty, Inc. v. CuomoAppellate Division of the Supreme Court of the State of New York · 1977
- Auerbach v. CurieAppellate Division of the Supreme Court of the State of New York · 1907
- Gracie v. StevensAppellate Division of the Supreme Court of the State of New York · 1900
- Lindeberg v. HodgensAppellate Terms of the Supreme Court of New York · 1915
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