Jarvis v. . Schaefer
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made November 13,1882, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made November 13,1882, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. When a person contracts as the agent of another, and the fact of his agency is known to the person with whom he contracts, the principal alone, and not the agent is responsible. (Bonynge v. Field, 81 N. Y. 159, 160; Covell v. Hart, 14…
1Opinion of the CourtDanforth, J.
The plaintiff sued for commissions earned, as he alleged, upon employment by the defendant to effect a sale or exchange of certain real estate at Bed Hook. He recovered judgment. This was affirmed by the General Term, and the defendant now appeals, making in this court the following points:
First. That he was not the owner of the property referred to, and so informed the plaintiff, at the same time disclosing the name of the owner for whom he was acting.
Second. That the plaintiff was not the procuring cause of the sale or exchange made.
Third. That the plaintiff was at the same time, but…
2Cases cited1 opinion
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
3Cited by23 opinions
- Red Cypress Lumber Co. v. PerrySupreme Court of Georgia · 1903
- Martin v. BlissNew York Supreme Court · 1890
- Fenton v. MillerSupreme Court of Iowa · 1912
- Baer v. KochNew York Court of Common Pleas · 1893
- Tieck v. McKennaAppellate Division of the Supreme Court of the State of New York · 1906
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