Sibbald v. . the Bethlehem Iron Company
New York Court of Appeals
Appeal from a judgment of the General Term of' the Supreme Court, in the first judicial department, entered upon an order made ¡November 6, 1879, affirming a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial. This action was brought by plaintiff, as broker, to recover commissions alleged to have been earned in effecting certain sales of steel rails, manufactured by the defendant, to the Grand Trunk Railroad Company.
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Appeal from a judgment of the General Term of' the Supreme Court, in the first judicial department, entered upon an order made ¡November 6, 1879, affirming a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial. This action was brought by plaintiff, as broker, to recover commissions alleged to have been earned in effecting certain sales of steel rails, manufactured by the defendant, to the Grand Trunk Railroad Company. The facts appear sufficiently in the opinion. Plaintiff’s efforts as broker having been lawfully terminated, the court…
1Opinion of the CourtFinch, J.
The evidence satisfactorily shows that the defendant employed the plaintiff to sell the steel rails of the farmer’s manufacture to the Grand Trunk Railroad Company. The existence of such a contract was strenuously denied on the part of the appellant, but the proofs establish it and leave it without substantial contradiction. The plaintiff swears that in December, 1873, he met and was introduced to Hr. Hunt, the president of the defendant corporation, and was requested by him to use the plaintiff’s exertions and interest in selling steel rails of the Bethlehem Iron Company’s make, and…
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