Legal Opinion

Travis v. Graham

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1897PublishedCited by 4 opinions

Appeal by the plaintiff, Egbert B. Travis, from a judgment .of the Supreme. Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 9th day of June, 1897, upon the verdict of a jury directed by the court.

1Opinion of the Court

Willard Bartlett, J.:

This is an action by a broker to recover commissions for negoT ■tiating a sale of real estate. After the evidence was all in on both sides, and counsel had summed up the case, the learned judge who presided at the trial, without any motion' to that effect, directed • the jury to find a verdict for the defendant: He stated his reasons for taking this course in a short oral opinion, in which he assumed that there was sufficient proof to warrant the jury in finding that the defendant had employed the plaintiff to procure a .purchaser of his property, and that the. plaintiff…

2Cases cited2 opinions

  1. Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
  2. Folinsbee v. SawyerThe Superior Court of the City of New York and Buffalo · 1894

3Cited by4 opinions

  1. Alt v. DoscherAppellate Division of the Supreme Court of the State of New York · 1905
  2. Alt v. DoscherAppellate Division of the Supreme Court of the State of New York · 1905
  3. LeRoach v. ClaytonCourt of Appeals of Georgia · 1916
  4. Van Varick v. Suburban Investment Co.New York Supreme Court · 1912

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