Legal Opinion

Strohm v. Zoellner

Appellate Terms of the Supreme Court of New York

Decided November 15, 1908PublishedCited by 2 opinions

Appeal by the plaintiffs from a judgment in favor of the defendant, rendered in the Municipal Court of the city of New York, fifth district, borough of Manhattan.

1Opinion of the CourtMacLean, J.

At the trial of this action, to recover commissions as real estate brokers, and at the close of the case, both sides moved for the direction of a verdict; and the trial justice directed a verdict in favor of the defendant. Thereupon, the plaintiffs excepted, and requested to go to the jury upon certain questions of fact. The motion was denied as too late, the court saying, “ You should have made that before the court directed its verdict,” and exception was taken. While the motions for direction were not specifically passed upon, the direction by the court was, in effect, a denial iff one and…

2Cases cited2 opinions

  1. Shultes v. SicklesNew York Court of Appeals · 1895
  2. Zajic v. ElianAppellate Terms of the Supreme Court of New York · 1906

3Cited by2 opinions

  1. Share v. CoatsSouth Dakota Supreme Court · 1912
  2. Lewis v. American Railway Express Co.City of New York Municipal Court · 1920

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