Adler v. Schaumberger
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. . Action by Arnold Adler and another against Charles Schaumberger. From a. judgment for plaintiffs for a nominal sum, they appeal. Affirmed.
1Dissent
MacLEAN, J. (dissenting).
“As it appears,” reads the memorandum of decision of the trial justice, “that the plaintiffs were employed in the latter part of October, 1901, to sell the premises mentioned, on the sale of which a commission is claimed in this action,” and “the *236employment alleged was not in writing,” the plaintiffs, in offering for sale the property of the defendant, were guilty of a misdemeanor (Laws 1901, p. 312, c. 128), and not entitled to recover (Fox v. Dixon [Sup.] 12 N. Y. Supp. 267, and Charles v. Arthur [decided at this term] 84 N. Y. Supp. 284). The judgment rendered in…
2Cases cited2 opinions
- Fox v. DixonNew York Supreme Court · 1890
- Charles v. ArthurAppellate Terms of the Supreme Court of New York · 1903