McElroy v. Baer
New York Court of Common Pleas
Appeal from a judgment of the District Court in the City of New York for the Sixth Judicial District. The action, was brought originally against J. Morgan Howe to recover for broker’s commissions on the sale of a house and lot in the City of New York. Morris B. Baer and Morris B. Bronner, composing the real estate firm of Morris B. Baer & Co., had also claimed the same commission.
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Appeal from a judgment of the District Court in the City of New York for the Sixth Judicial District. The action, was brought originally against J. Morgan Howe to recover for broker’s commissions on the sale of a house and lot in the City of New York. Morris B. Baer and Morris B. Bronner, composing the real estate firm of Morris B. Baer & Co., had also claimed the same commission. Howe obtained an order to show cause why they should not be substituted as defendants in his place. This motion was opposed both by plaintiff and Baer and Bronner, and was granted, upon which Howe paid the fund in…
1Opinion of the Court
Pee Curiam.
(Present Van Hoesen and Allen, JJ.)—It is settled by the decisions of this court, in Dreyer v. Rauch (3 Daly 434); Beer v. Benner (11 Daly 229), that the statutory interpleader, which is not in the nature of a suit in equity, but a remedy designed for use in common law courts (see the English statutes, entitled 1 & 2 Wm. IV., c. 58; 23 & 24 Vict. c. 126) is a measure of relief to which suitors in a District Court in the City of New York may resort. It is to be regretted that when the framer of section 122 of the old Code of Procedure borrowed, from the English statutes that we have…
2Cases cited3 opinions
- Dreyer v. RauchNew York Court of Common Pleas · 1871
- Beer v. BennerNew York Court of Common Pleas · 1882
- Van Buskirk v. RoyNew York Supreme Court · 1853
3Cited by1 opinion
- Cross & Brown Co. v. Ludin Realty Co.Appellate Terms of the Supreme Court of New York · 1915