Legal Opinion

Murray v. . Beard

New York Court of Appeals

Decided June 1, 1886PublishedCited by 98 opinions

Appeal from judgment of the General Term óf the City Court of Brooklyn, entered upon an order made June 9, 1884, which affirmed a judgment in favor of defendants, entered upon an order dismissing the complaint on trial. This action was brought by plaintiff, a timber broker, to recover commissions for services alleged to have been rendered for the defendants in effecting the sale of about four thousand five hundred piles. The material facts are stated, m the opinion.

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Appeal from judgment of the General Term óf the City Court of Brooklyn, entered upon an order made June 9, 1884, which affirmed a judgment in favor of defendants, entered upon an order dismissing the complaint on trial. This action was brought by plaintiff, a timber broker, to recover commissions for services alleged to have been rendered for the defendants in effecting the sale of about four thousand five hundred piles. The material facts are stated, m the opinion. It was not necessary for plaintiff to- ask to go to the jury. His exception to the ruling of the court was sufficient. (Stone v.…

1Opinion of the Court

Buger, Ch. J.

The. claim in this case presents a novel industry and one which, if successful, would promise to be the source of profit to its prosecutors, without much expenditure of time or money. The plaintiff, a timber broker, learning that the Hamburg American Packet Company was about to build a pier, requiring a large number of piles in its construction, and to advertise for bids from timber merchants to supply them, visited the several dealers in such materials in New.York and Brooklyn, and obtained prices therefor, and under the inducement that he would act for them respectively in…

2Cases cited4 opinions

  1. New-York Central Ins. Co. v. . National Protection Ins. Co.New York Court of Appeals · 1856
  2. Carman v. . BeachNew York Court of Appeals · 1875
  3. Neuendorff v. World Mutual Life InsuranceNew York Court of Appeals · 1877
  4. Greenwood v. SpringNew York Supreme Court · 1867

3Cited by98 opinions

  1. Wendt v. FischerNew York Court of Appeals · 1926
  2. Lamdin v. Broadway Surface Advertising Corp.New York Court of Appeals · 1936
  3. Yukos Capital S.A.R.L. v. FeldmanCourt of Appeals for the Second Circuit · 2020
  4. Phansalkar v. Andersen Weinroth & Co., L.P.Court of Appeals for the Second Circuit · 2003
  5. Pure Power Boot Camp, Inc. v. Warrior Fitness Boot Camp, LLCDistrict Court, S.D. New York · 2011

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