John Reis Co. v. Post
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary Elizabeth Post, as executrix, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 15th day of December, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 19th day of December, 1917, denying defendant’s motion for a new trial made upon the minutes. The action was brought to recover for broker’s commissions.
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Appeal by the defendant, Mary Elizabeth Post, as executrix, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 15th day of December, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 19th day of December, 1917, denying defendant’s motion for a new trial made upon the minutes. The action was brought to recover for broker’s commissions. The original complaint was held insufficient (162 App. Div. 463), and was thereafter amended.
1Opinion of the Court
Putnam, J.:
Donald McNeil had made a written proposition to plaintiff (to be held good for thirty days), looking to an exchange of his Woodruff avenue property valued at $100,000, subject to a first mortgage of $20,000, for apartment dwellings at the corner of Bedford avenue and Sterling street, at a valuation of $130,000, subject to a first mortgage of $60,000. The $10,000 difference in equities was to be paid him in cash. This proposition was accepted. But Mr. McNeil died, and defendant as his executrix declined to pay plaintiff’s - claim for commissions on such exchange.
After action…
2Cited by5 opinions
- Burke v. BrownNew York Supreme Court · 1943
- Wolfe v. International Reinsurance Corp.Court of Appeals for the Second Circuit · 1934
- Brett v. SimonAppellate Division of the Supreme Court of the State of New York · 1950
- Caupain v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1964
- Judge v. MilliganNew York Supreme Court · 1928