Weber v. Sampson
The Superior Court of New York City
Appeal from a judgment, in favor of the defendants, dismissing the complaint with costs. The cause was tried before Chief-Justice Oakley, and a jury. The plaintiffs having rested, the defendants moved for a dismissal of the complaint. The plaintiffs then offered to produce some further evidence, which is hereafter noticed.
Read the full summary
Appeal from a judgment, in favor of the defendants, dismissing the complaint with costs. The cause was tried before Chief-Justice Oakley, and a jury. The plaintiffs having rested, the defendants moved for a dismissal of the complaint. The plaintiffs then offered to produce some further evidence, which is hereafter noticed. The Judge held, that the testimony, including what was offered and treated as proven, could not sustain the plaintiffs’ claim, and granted the motion to dismiss the action. To this the plaintiffs excepted. A motion for a new trial was heard at Special Term, before Mr.…
1Opinion of the CourtBy the Court. Hoffman, J.
The action is brought to recover from the defendants the amount of commission alleged to be due to the plaintiffs, as brokers, for procuring a charter for the ship Rockland. The allegation is, that the defendants were owners of the vessel, or trustees holding the legal title, or mortgagees in possession, and in law liable as owners; that Horace B. Tibbetts, as their agent, employed the plaintiffs; that they effected the charter, and were to receive five per cent, commission.
The charter-party produced in evidence, is dated New York, February 12, 1851, and is between H. B. Tibbetts of New York,…
2Cases cited1 opinion
- Birkbeck v. TuckerThe Superior Court of New York City · 1829
3Cited by3 opinions
- Kimball v. Farmers & Mechanics' National BankNew York Court of Appeals · 1893
- Mitchell v. ChambersMichigan Supreme Court · 1880
- Tobias v. WierckNew York Supreme Court · 1897