Downey v. Turner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elizabeth Turner, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 18th day of October, 1891, upon the verdict of a jury.
1Opinion of the Court
Willard Bartlett, J.:
There is no notice of appeal from the order denying the defendant’s motion for a new trial, and, therefore, we cannot consider any question as to the weight of evidence.
The complaint assumes to set out two causes of action. Under the first alleged cause of action it is averred that the plaintiff was *492employed by the defendant to lease or sell certain real estate belonging to her at New Rochelle, for which services the defendant agreed to pay a commission of two and one-half per cent upon the rental and the same commission upon the purchase price of the premises, if the…
2Cited by1 opinion
- Schlieder v. DexterAppellate Division of the Supreme Court of the State of New York · 1906