Gillen v. Wise
New York Court of Common Pleas
Appeal by defendants from a judgment and order of the General Term of the City Court of New York affirming a judgment of that court entered upon the verdict of a jury and an order denying a motion for a new trial.
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Appeal by defendants from a judgment and order of the General Term of the City Court of New York affirming a judgment of that court entered upon the verdict of a jury and an order denying a motion for a new trial. The action was brought by the assignee of Peter C. Anthony to recover $500 upon a special agreement for services rendered in procuring an exchange of defendants’ property in Elizabeth, N. J., for two houses on West 56th Street in the city of New York, owned by Charles Riley. The answer admitted the employment of Anthony as broker to procure a purchaser or customer upon terms…
1Opinion of the Court
J. F. Daly, J. —
Anthony, the plaintiff’s assignor, had the defendants’ Elizabeth, N. J., property in his hands for exchange for several years prior to April, 1886. In that month he went to defendants, gave them a full description of four houses, Nos. 346, 348, 350, and 352 West 56th Street, which they promised to look at with a view to an exchange for their property, they promising at the same *482time to pay him $500 commission, if they made the exchange. He called on defendants two or three times during April, and up to the time that a report of the sale of the two easterly houses of the four…
2Cases cited4 opinions
- Lloyd v. . MatthewsNew York Court of Appeals · 1872
- Smith v. . McGovernNew York Court of Appeals · 1875
- Winans v. JaquesNew York Court of Common Pleas · 1882
- Wyckoff v. BlissNew York Court of Common Pleas · 1884