Faulkner v. Cornell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John M. Cornell, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of April, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 25th day of April, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The action is brought to recover a commission of one per cent, aggregating the sum of $1,250, for procuring a loan of $125,000 upon the defendant’s bond and mortgage upon real estate owned by him. On the 14th day of May, 1902, the defendant obtained a loan from the Brooklyn Savings Bank of $125,000 at four and one-half per cent. It is upon this transaction that plaintiff claims a commission. At the close of the plaintiff’s case counsel for the defendant moved for a dismissal of the complaint on the ground that the plaintiff failed to show that he was authorized to procure the…
2Cases cited2 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Hopkins v. . ClarkNew York Court of Appeals · 1899
3Cited by4 opinions
- Auerbach v. Internationale Wolfram Lampen Aktien GesellschaftDistrict Court, S.D. New York · 1910
- Carns v. BassickAppellate Division of the Supreme Court of the State of New York · 1919
- Donohue v. Board of EducationNew York Supreme Court · 1938
- Grant v. Greene Consolidated Copper Co.Appellate Division of the Supreme Court of the State of New York · 1907