McNamara v. . Gregory
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 11, 1912, affirming a judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to exclude evidence of defendant’s telephone conversation with McTighe on the evening of March eighteenth.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 11, 1912, affirming a judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to exclude evidence of defendant’s telephone conversation with McTighe on the evening of March eighteenth. (Dickinson v. Tysen, 209 N. Y. 395.) The hearsay evidence offered by defendant as to statements of McTighe, the prospective purchaser, over the telephone, March eighteenth, was not admissible as…
1Opinion of the CourtHiscock, J.
This action is brought to recover broker’s commissions alleged to have been earned by respondents’ testatrix.
Amongst the other assets which' came into the possession of appellant as trustee in bankruptcy was a house and lot. The United States District Court authorized him to sell this property for a price not less than twelve thousand dollars and to that end to employ real estate brokers and pay commissions in case a sale was effected. It is alleged in behalf of the respondents, and the jury had a right to find, that under and in accordance with this authority appellant employed respondents’…
2Cited by4 opinions
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- Horan v. John F. Trommer, Inc.New York Supreme Court · 1954
- Melkon v. H. B. Kirk & Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Hardy v. Primex Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 1969