Legal Opinion

Atwater v. Wilson

New York Court of Common Pleas

Decided June 3, 1895PublishedCited by 2 opinions

Appeal from city court, general term. Action by Theron S. Atwater against Edward C. Wilson and others. From a judgment of the city court (30 N. Y. Supp. 1129) affirming a judgment in favor of plaintiff, defendants appeal.

1Opinion of the CourtGiegerich, J.

This action was brought to recover broker’s commissions on the sale of certain real property situated at Peekskill, Westchester county, N. Y., and by consent was referred to a referee, who found in favor of the plaintiff. The judgment entered upon the referee’s report having been affirmed by the general term of the city court of New York, the defendants appealed to this court. The principal questions presented for solution upon this appeal are whether there was any evidence (1) that the plaintiff was the procuring cause of the sale, and (2) that his agency continued to the time of the sale.…

2Cases cited9 opinions

  1. Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
  2. Lloyd v. . MatthewsNew York Court of Appeals · 1872
  3. Levy v. CooganNew York Court of Common Pleas · 1890
  4. Baker v. ThomasNew York Court of Common Pleas · 1895
  5. Gold v. SerrellNew York Court of Common Pleas · 1893

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3Cited by2 opinions

  1. Moore v. BoehmAppellate Terms of the Supreme Court of New York · 1904
  2. O'Toole v. TuckerCity of New York Municipal Court · 1896

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