Malloy v. Wood
The Superior Court of New York City
Motion for judgment of dismissal of complaint. This motion was brought by Rowland S. Malloy against Reuben R. Wood and Constant H. Brown.
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Motion for judgment of dismissal of complaint. This motion was brought by Rowland S. Malloy against Reuben R. Wood and Constant H. Brown. The complaint stated that the plaintiff was a real estate broker, and the defendants represented themselves to be owners of a house and lot in New York city;—that defendants employed plaintiff to sell the property for $5,500,—and agreed to pay him one per cent for the service,—that he found a purchaser, and thereby became entitled to the compensation; which however the defendants neglected and refused to pay. The defendants answered separately, denying most…
1Opinion of the Court
By the Court,* Hoffman, J.
The case was before the court on a former occasion, when a verdict was given for the plaintiff against both defendants, upon the contract set forth. Upon a motion for a new trial, the judge at special term decided that there was not the least evidence to charge the defendant Brown with the liability alleged; and he held that the question, whether Wood could be charged separately, or whether there was evidence so to charge him, could not be determined by the court, on that application. A new trial was then ordered. Upon that trial, the plaintiff’s counsel, after…
2Cited by1 opinion
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