Myers v. Batcheller
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Simon H. Myers and another, and by Van Yoast and Leonard, Incorporated, from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of Saratoga on the 8th day of December, 1916, granting respondent’s motion to interplead the appellant, Yan Yoast and Leonard, Incorporated, as a party defendant.
1Opinion of the Court
Cochrane, J.:
The plaintiffs bring this action for commissions on the sale of real estate by the defendant, claiming to have procured the purchaser and to have effected such sale. After the commencement of the action Van Voast and Leonard, Incorporated, instituted an action against the defendant to recover the same commissions on the sale of the same property, alleging in its complaint that it “ performed certain services for the defendant in effecting the sale of her real estate.” If there is any ambiguity in the meaning of this allegation the affidavits used on the motion make the purpose of…
2Cases cited7 opinions
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- Whitcomb v. BaconMassachusetts Supreme Judicial Court · 1898
- Smith v. . McGovernNew York Court of Appeals · 1875
- Briggs v. RoweNew York Court of Appeals · 1868
- Winans v. JaquesNew York Court of Common Pleas · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Greene v. HellmanNew York Court of Appeals · 1980
- Williams v. ParkerSupreme Court of South Carolina · 1924
- Carns v. BassickAppellate Division of the Supreme Court of the State of New York · 1919
- Salamon v. Brooklyn Savings BankNew York Supreme Court · 1943