Baer v. Koch
New York Court of Common Pleas
Appeal from trial term . Action by Morris B. Baer and Morris B. Bronner, composing the firm of Morris B. Baer & Co., against Henry C. F. Koch. From a judgment for plaintiffs, entered on a verdict, and from an order denying defendant’s motion for a new trial on the minutes, defendant appeals. Affirmed.
1Concurrence
PRYOR, J.,
(concurring.) The action is by brokers to recover compensation for negotiating a purchase of property on behalf of the defendant. By his answer, and a motion to dismiss, the defendant interposed the objection of a defect of parties, in that the employment of the plaintiffs, if any, was not by the defendant individually, but by the firm of Koch & Reisenberg. In point of fact, the employment, if any, was by the defendant, Koch, but, nevertheless, it may have been for and in behalf of the firm, in which event both members of the firm were necessary parties, provided Koch did not still…
2Cases cited5 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Lloyd v. . MatthewsNew York Court of Appeals · 1872
- Knapp v. . WallaceNew York Court of Appeals · 1869
- Noe v. . ChristieNew York Court of Appeals · 1873
- People v. SouthNew York Court of Appeals · 1977