Legal Opinion

Maloney v. Aschaffenburg

Supreme Court of Louisiana

Decided June 30, 1917No. 20864PublishedCited by 36 opinions

Appeal from Civil District Court, Parish of Orleans; T. C. W. Ellis, Judge. Action by Paul W. Maloney and others against Albert Aschaffenburg, Willard & Eiseman, and others. Exception of no cause of action by defendant Aschaffenburg overruled, and reconventional demands by the named defendants.

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Appeal from Civil District Court, Parish of Orleans; T. C. W. Ellis, Judge. Action by Paul W. Maloney and others against Albert Aschaffenburg, Willard & Eiseman, and others. Exception of no cause of action by defendant Aschaffenburg overruled, and reconventional demands by the named defendants. Judgment dismissing plaintiffs’ demand and in favor of the plaintiffs against, Aschaffenburg on his reconventional demand, and judgment in favor of defendant Aschaffenburg against defendants Willard & Eiseman, and in favor of Willard & Eiseman on their reconventional demand against plaintiffs, and…

1Opinion of the CourtO’Niell, J.

This is an action for possession of a certain promissory note for $3,700, signed by Albert Aschaffenburg and Solomon AVol'ff, and $500 in cash, which note and cash were deposited by Aschaffenburg with the plaintiffs’ agents, Willard & Eiseman, under an agreement of Aschaffenburg to buy the plaintiffs’ property.

Willard & Eiseman (of whom Meyer Eis& man is the successor in business) were the real estate agents or brokers with whom the" plaintiffs had listed their property for sale.

On the 24th of June, 1912, Aschaffenburg signed and submitted a written proposition, addressed to Willard &…

2Cases cited5 opinions

  1. Legier v. BraughnSupreme Court of Louisiana · 1909
  2. Capo v. BugdahlSupreme Court of Louisiana · 1906
  3. Smith v. HusseySupreme Court of Louisiana · 1907
  4. Provenzano v. GlaesserSupreme Court of Louisiana · 1908
  5. Jordy v. Salmen Brick & Lumber Co.Supreme Court of Louisiana · 1908

3Cited by36 opinions

  1. Gauss v. KirkCourt of Appeals for the D.C. Circuit · 1952
  2. Mexic Bros., Inc. v. SauviacLouisiana Court of Appeal · 1966
  3. Noto v. BlascoLouisiana Court of Appeal · 1940
  4. Livingston v. Southport Mill, Ltd.Supreme Court of Louisiana · 1931
  5. Latter & Blum, Inc. v. RichmondSupreme Court of Louisiana · 1980

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