Legal Opinion
Philo Smith & Co., Inc. And James E. Rutherford v. Uslife Corporation
Court of Appeals for the Second Circuit
Decided April 19, 1977No. 760, Docket 76-7551PublishedCited by 71 opinions
1Per curiam
This is a diversity action brought to recover a finder’s fee, allegedly earned as a result of the acquisition, by USLIFE Corporation, of the All American Life & Financial Corporation. At one time, there was a written finder’s fee agreement in effect between the parties, but it had expired by the time an agreement was reached between USLIFE and All American. Under the applicable New York Statute of Frauds, N.Y. Gen. Oblig. Law § 5-701(10), the absence of an effective written note or memorandum of agreement is generally fatal to an action for a finder’s fee, whether based on a theory of express…
2Cases cited4 opinions
- Imperator Realty Co. v. . TullNew York Court of Appeals · 1920
- Woolley v. . StewartNew York Court of Appeals · 1918
- Alaska Airlines, Inc., a Corporation v. Arthur W. StephensonCourt of Appeals for the Ninth Circuit · 1954
- Philo Smith & Co., Inc. v. Uslife Corp.District Court, S.D. New York · 1976
3Cited by71 opinions
- Norton J. Lehman v. Dow Jones & Company, Inc.Court of Appeals for the Second Circuit · 1986
- Merex A.G. Merex Corporation and Peter C. Lachmann v. Fairchild Weston Systems, Inc.Court of Appeals for the Second Circuit · 1994
- Kubin v. MillerDistrict Court, S.D. New York · 1992
- Fort Howard Paper Co. v. William D. Witter, Inc.Court of Appeals for the Second Circuit · 1986
- Gary Joseph Grappo v. Alitalia Linee Aeree Italiane, S.P.A. And Gianfranco BianchiCourt of Appeals for the Second Circuit · 1995
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