Myers v. Dean
New York Court of Common Pleas
Appeal from trial term. Action by Walter Myers against Robert J. Dean for services in procuring a lease to defendant. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtPryor, J.
The complaint is equivocal, and might authorize a recovery for the value of plaintiff’s services in helping to procure the lease, or brokerage, eo nomine, for procuring the lease. If the action proceeds upon the former alternative, it is impossible that the judgment shall stand, because unsupported by any evidence of the value of plaintiff’s services. The proof was only of the customary commission for actually procuring such a lease. Was the plaintiff, then, the procuring cause of the lease? In the nature of the case, the lease could not have been the effect of his agency. For, being…
2Cases cited6 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- People v. . StephensNew York Court of Appeals · 1878
- Atcheson v. . MallonNew York Court of Appeals · 1870
- Lyon v. . MitchellNew York Court of Appeals · 1867
- Mills v. . MillsNew York Court of Appeals · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Myers v. DeanNew York Court of Common Pleas · 1895