Page v. Voorhies
New York City Court
Appeal from trial term. Action by Alfred B. Page against James W. Voorhies. Plaintiff appeals from a judgment for defendant entered on the verdict of a jury, and from an. order denying a motion by him for a new trial. Beversed. Code Civil Proc. IT.
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Appeal from trial term. Action by Alfred B. Page against James W. Voorhies. Plaintiff appeals from a judgment for defendant entered on the verdict of a jury, and from an. order denying a motion by him for a new trial. Beversed. Code Civil Proc. IT. V. § 723, provides: “The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance-of justice, and on such terms as it deems just, amend any process, pleading,, or other proceeding, by adding or striking out the name of a person as a party,, or by correcting a mistake in the name of a party, or a…
1Opinion of the CourtOsborne, J.
This action was brought by plaintiff, a real-estate broker, to recover a commission of $250 for having effected a contract of exchange of certain property of defendant for certain property belonging to one Squance. As a result of plaintiff’s negotiations, a contract was entered into by which defendant was to convey to Squance cartain property at Gravesend, and Squance was to convey to defendant five certain houses on Second street, in the city of Brooklyn, each subject to a mortgage of $4,500. The answer set up as a defense that the commission was only to be paid in case the exchange was…
2Cases cited1 opinion
- Bernheim v. DaggettNew York City Court · 1880
3Cited by1 opinion
- Kinnear v. PowellThe Superior Court of the City of New York and Buffalo · 1893