Whiting v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John S. Miller, from a determination and order of the Appellate Term of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 17th day of December, 1918, affirming a judgment of the Municipal Court of the City of New York, Borough of Manhattan, First District.
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Appeal by the defendant, John S. Miller, from a determination and order of the Appellate Term of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 17th day of December, 1918, affirming a judgment of the Municipal Court of the City of New York, Borough of Manhattan, First District. An appeal is also taken from the order entered in the office of the clerk of the Municipal Court on the 17th day of December, 1918, pursuant to the determination of the Appellate Term.
1Opinion of the Court
Laughlin, J.:
The plaintiffs were copartners conducting a real estate brokerage business at No. 41 Park Row, borough of Manhattan, New York city. They have recovered for services as brokers in procuring a tenant for the defendant for a store and basement in the city of Scranton, Penn. The evidence shows that the contract was made and the services were performed in Pennsylvania. The cause of action therefor accrued on the 21st day of March, 1910. This action was commenced on the 22d day of August, 1917. The defendant originally pleaded the Statute of Limitations of Pennsylvania of six years,…
2Cases cited6 opinions
- Olcott v. . the Tioga Railroad CompanyNew York Court of Appeals · 1859
- Mason v. . HenryNew York Court of Appeals · 1897
- Isenberg v. RainierAppellate Division of the Supreme Court of the State of New York · 1911
- Isenberg v. RainierAppellate Terms of the Supreme Court of New York · 1911
- Reilly v. SabaterNew York Supreme Court · 1896
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3Cited by13 opinions
- Martin Katz and Louana Katz v. The Goodyear Tire and Rubber CompanyCourt of Appeals for the Second Circuit · 1984
- Public Administrator of New York County v. Curtiss-Wright Corp.District Court, S.D. New York · 1963
- Oglesby v. CranwellAppellate Division of the Supreme Court of the State of New York · 1937
- Irving Nat. Bank v. LawCourt of Appeals for the Second Circuit · 1925
- Ansbacher v. New York Trust Co.New York Court of Appeals · 1939
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