Fitzsimons v. Drought
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Thomas P. Fitzsimons and another, from a final judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on-the 5th day of Januáry, 1897, upon the'decision of the court rendered after a trial at the New York Special Term, with notice of an intention to bring up for review upon such appeal an interlocutory judgment entered in said clerk’s office on the 15th day of December, 1896, sustaining…
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Appeal by the plaintiffs, Thomas P. Fitzsimons and another, from a final judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on-the 5th day of Januáry, 1897, upon the'decision of the court rendered after a trial at the New York Special Term, with notice of an intention to bring up for review upon such appeal an interlocutory judgment entered in said clerk’s office on the 15th day of December, 1896, sustaining the defendants’ demurrer to the complaint, and also an order entered in said clerk’s office on the 15th. day of…
1Opinion of the Court
Patterson, J. :
It is obvious, on the face of the complaint in this action, that the plaintiffs are not entitled to equitable' relief. They have no lien, and no right to a lien, on the real estate, and cannot reach it to enforce against it a mere claim for brokers’ fees. The only real question now before the court is, whether the plaintiffs are entitled to recover upon a legal cause of action under the averments of the complaint. Manifestly they are not as against the defendant Walsh, with whom they never stood in contract relations. It is urged, however, that enough appears to charge the…
2Cases cited1 opinion
- Bradley v. . AldrichNew York Court of Appeals · 1869
3Cited by3 opinions
- Merry Realty Co. v. Shamokin & Hollis Real Estate Co.New York Court of Appeals · 1921
- Wisner v. Consolidated Fruit Jar Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Taylor v. DinsmoreNew York Supreme Court · 1910