Tieck v. McKenna
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gustav J. E. Tieck, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 14th day of June, 1905, upon the verdict of a jury rendered by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Rich, J.:
The plaintiff is the assignee of one Solomon Marcus, a real estate broker, and the action is brought to. recover commissions for the services of the latter rendered as such broker ,to the defendant. The record discloses during the direct examination of a witness ’ called by the plaintiff in rebuttal, and apparently before its' conclusion, ■ the following: “The Court: We have been all over . this before. I have made Up my mind what I am going to.do with this case. I am going to direct a verdict in favor of the defendant, as the evidence stands now, if I am asked to.. Mr. Samuels: May…
2Cases cited5 opinions
- Kalley v. . BakerNew York Court of Appeals · 1892
- Jarvis v. . SchaeferNew York Court of Appeals · 1887
- Grossman v. CaminezAppellate Division of the Supreme Court of the State of New York · 1903
- Norton v. Genesee National Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1901
- Charles v. CookAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by5 opinions
- Battalla v. StateNew York Court of Appeals · 1961
- Clapp v. SchausAppellate Division of the Supreme Court of the State of New York · 1913
- Finocchiaro v. KipferlAppellate Division of the Supreme Court of the State of New York · 1926
- Rohkohl v. SussmanAppellate Terms of the Supreme Court of New York · 1908
- Clapp v. SchausNew York Surrogate's Court · 1913