King v. Dorman
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the City of New York, Borough of Manhattan, first district, rendered in favor of the plaintiff upon a trial had before the court without a jury. The nature of the action and the material facts are stated in the opinion.
1Opinion of the CourtGiegerich, J.
This action was brought to recover a balance claimed to be due for commissions upon the sale of the schooner “ Sallie M. Russell,” to one James H. Rogers for $1,600.
The defense was that the plaintiff was not the procuring cause of the sale, and that he did not bring a purchaser ready and willing to purchase said vessel upon the terms named by the defendant. However, after the sale of the schooner, the defendant mailed to the plaintiff the following letter and check, viz.:
“ Georgetown, Del., April 8, 1898.
“ R. S. King, Esq.:
“ Dear Sir.— I herewith enclose you my check for $25.00. I found the…
2Cases cited2 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Reynolds v. Empire Lumber Co.New York Supreme Court · 1895
3Cited by4 opinions
- Davidson v. CommissionerUnited States Board of Tax Appeals · 1941
- Universal Cutter Co. v. EmdenAppellate Terms of the Supreme Court of New York · 1907
- Bergman v. NeidhardtAppellate Terms of the Supreme Court of New York · 1902
- Asbestos Plastering Co. v. Norcross Bros.Appellate Terms of the Supreme Court of New York · 1915