Imperato v. Wasboe
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment rendered in favor of the defendant in the Municipal Court of the city of New York, ninth district, borough of Manhattan.
1Opinion of the CourtLeventritt, J.
This was an action brought to recover a brokerage. The complaint was dismissed at the close of the plaintiff's ease on the ground that no written authority from the defendant was shown. Penal Code, § 640d. Under Whiteley v. Terry, 83 App. Div. 197, we are in this department compelled to assume the constitutionality of chapter 128 of the Laws of 1901, which amended the Penal Code by the subdivision cited. A contrary rule prevails in the Second Department. Grossman v. Caminez, 79 App. Div. 15. Section 640d of the Penal Code reads: “ In cities of the first class and second class, any person who…
2Cases cited5 opinions
- Gay v. . SeiboldNew York Court of Appeals · 1884
- Whiteley v. TerryAppellate Division of the Supreme Court of the State of New York · 1903
- Cody v. DempseyAppellate Division of the Supreme Court of the State of New York · 1903
- Grossman v. CaminezAppellate Division of the Supreme Court of the State of New York · 1903
- Cohen v. BoccuzziNew York Supreme Court · 1904
3Cited by6 opinions
- Franklin v. HansenCalifornia Supreme Court · 1963
- Kennedy v. MerickelCalifornia Court of Appeal · 1908
- Hough v. BaldwinAppellate Terms of the Supreme Court of New York · 1906
- Levy v. TimbleAppellate Terms of the Supreme Court of New York · 1905
- Lovejoy v. WeilAppellate Terms of the Supreme Court of New York · 1905
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