McClave v. Paine
The Superior Court of New York City
Appeal from a judgment entered upon the verdict of a .jury- The- action was brought for the recovery of the usual broker’s commission for an alleged sale of certain real estate.
Read the full summary
Appeal from a judgment entered upon the verdict of a .jury- The- action was brought for the recovery of the usual broker’s commission for an alleged sale of certain real estate. The answer, in effect, amounted to a general denial of all the allegations contained in the complaint. ' Upon the trial it appeared in evidence, that in October, 1867, the defendant placed in the hands of the plaintiff, a real estate broker, five distinct pieces of property for sale on commission, among which were half a block on the north ¡side of 91st Street, between Eleventh and Twelfth Avenues, and two blocks…
1Opinion of the Court
By the court, Freedman, J.
The appeal being from the judgment, no question of fact can be considered, nor the point that the verdict of the jury is against the weight. of evidence. The only questions open for review are questions of law. They all arise upon or in connection with the charge of the learned judge presiding at the trial, and his refusal to charge certain requests made by plaintiff. Unless he erred in the application of the law, the judgment appealed from must be affirmed. There was a conflict of evidence as to whether the plaintiff did or did not, prior to the sale by the…
2Cases cited4 opinions
- Moses v. . BierlingNew York Court of Appeals · 1865
- Barnard v. MonnotNew York Court of Appeals · 1866
- Redfield v. . TeggNew York Court of Appeals · 1868
- Briggs v. RoweNew York Court of Appeals · 1868
3Cited by1 opinion
- Doonan v. IvesSupreme Court of Georgia · 1885