Ware v. . Dos Passos
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 8, 1897, affirming a judgment in favor of defendants entered upon a verdict, and an order denying a motion for a new trial. • The nature of the action and the facts, so far as material, are stated in the opinion. There was evidence from which a jury might have found that the plaintiff procured the purchaser.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 8, 1897, affirming a judgment in favor of defendants entered upon a verdict, and an order denying a motion for a new trial. • The nature of the action and the facts, so far as material, are stated in the opinion. There was evidence from which a jury might have found that the plaintiff procured the purchaser. (Sibbald v. Bethlehem Iron Co., 83 N. Y. 378; Lyon v. Mitchell, 36 N. Y. 235; Lloyd v. Matthews, 51 N. Y. 124; Wylie v. M. Nat. Bank, 61 N. Y. 415 ; Smith v. McGovern,…
1Opinion of the CourtHaight, J.
This action was brought to recover a broker’s commissions claimed to have been earned by the. plaintiff in ■procuring a purchaser of the defendants’ real estate on Fulton street in the city of Hew York.
Upon the first trial of this action a judgment was rendered in favor of the plaintiff, but it was reversed by the Appellate Division and a new trial ordered. Upon the new trial the complaint was dismissed and a judgment entered in favor of the defendants, which lias been unanimously affirmed by the 'Appellate Division. If the trial court found the facts established by the evidence in favor of…
2Cases cited8 opinions
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- Place v. . HaywardNew York Court of Appeals · 1889
- Raabe v. . SquierNew York Court of Appeals · 1895
- Wood v. . LaryNew York Court of Appeals · 1891
- Scofield v. . HernandezNew York Court of Appeals · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kraus v. . BirnbaumNew York Court of Appeals · 1910
- Deeley v. . HeintzNew York Court of Appeals · 1901
- Jonathan Ring & Son, Inc. v. Winola Worsted Yarn Co.New York Court of Appeals · 1920
- Lindenthal v. . Germania Life Ins. Co.New York Court of Appeals · 1903
- Metcalfe v. GordonAppellate Division of the Supreme Court of the State of New York · 1903
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