Legal Opinion

Esmond v. Kingsley

New York Supreme Court

Decided July 15, 1888PublishedCited by 1 opinion

Appeal from special term, Onondaga county. Action by Joseph Esmond against Lucia 0. Kingsley. Defendant appeals from a judgment for plaintiff, and from an order denying a motion for a new trial.

1Opinion of the CourtMartin, J.

This was an action to recover the plaintiff’s commission, as a real-estate broker, for the sale of a house and lot situated in the city of Syracuse. The plaintiff claimed, and on the trial introduced evidence which tended to show, that the defendant’s husband was her agent; that he, in the presence of the defendant, employed the plaintiff to sell the property in question for an agreed commission of 2 per cent.; that, in pursuance of such employment, the plaintiff made diligent efforts to sell the property to several persons, among whom was one Danziger; that he had several negotiations with…

2Cases cited6 opinions

  1. Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
  2. Sussdorff v. . SchmidtNew York Court of Appeals · 1873
  3. Lloyd v. . MatthewsNew York Court of Appeals · 1872
  4. Wylie v. . Marine National BankNew York Court of Appeals · 1875
  5. Fraser v. . WyckoffNew York Court of Appeals · 1875

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3Cited by1 opinion

  1. Clews v. AlleyNew York Court of Common Pleas · 1892

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