Moore v. Gould
New York Court of Common Pleas
In March, 1877, the appellant commenced an action in the first district court to recover $250 for brokerage in effecting an exchange of real estate. By the record of the appeal it appears that plaintiff’s assignor was employed to effect an exchange of “ the equity of a house at Rahway,, over the mortgage, for depressed railway bonds.”
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In March, 1877, the appellant commenced an action in the first district court to recover $250 for brokerage in effecting an exchange of real estate. By the record of the appeal it appears that plaintiff’s assignor was employed to effect an exchange of “ the equity of a house at Rahway,, over the mortgage, for depressed railway bonds.” The purchaser was procured and the exchange was made, and this claim was made for brokerage upon the value of the property exchanged, and not the “ equity ” of it. On the trial it was testified to, that the equity over and above the mortgage was worth nothing.…
1Opinion of the CourtRobinson, J.
Plaintiff having, on appeal to this court from a- judgment recovered against him in a district court, obtained a reversal of that judgment, the question presented on this appeal from the clerk’s taxation was whether he is entitled to the-twelve dollars costs allowed him as extra costs which he would have recovered in the court below had the judgment been in his favor. The clerk allowed it on taxation and defendant appealed. The plaintiff’s “demand” was “ for the recovery of fifty dollars or more,” and the seventieth section of the district court act in such case applies. Sections 3 and 4 of…
2Cited by1 opinion
- Boyd v. DisbrowNew York Court of Common Pleas · 1880