Colwell v. Tompkins
Appellate Division of the Supreme Court of the State of New York
. Appeal by the plaintiff, Harry E. Colwell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Westchester on the 9th day of December, 1895, upon a dismissal of the complaint at the close of the evidence on both sides, directed by the court after a trial at the Westchester Circuit before the court and a jury, and also from an order entered in said cleric’s office on the 18th day of December, 1895, denying the…
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. Appeal by the plaintiff, Harry E. Colwell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Westchester on the 9th day of December, 1895, upon a dismissal of the complaint at the close of the evidence on both sides, directed by the court after a trial at the Westchester Circuit before the court and a jury, and also from an order entered in said cleric’s office on the 18th day of December, 1895, denying the plaintiff’s motion for a new trial made upon the minutes.
1Dissent
Hatch, J. (dissenting):
The following reasons prevent my assenting to the views of a majority of- the court: The action is by a broker to recover commissions upon a sale of real estate, and the disposition of the appeal rests upon the answer to be given to a single question. The evidence is sufficient to show that plaintiff was employed to sell the property which Mr. Molloy, the purchaser, bought. It is undisputed that his attention was attracted to the property by an advertisement of it for sale under the foreclosure of a mortgage upon the property; that thereupon he applied to Mr. Young, one…
2Cases cited5 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Lloyd v. . MatthewsNew York Court of Appeals · 1872
- Lincoln v. McClatchieSupreme Court of Connecticut · 1869
- Levy v. CooganNew York Court of Common Pleas · 1890
- Ames v. McNallyNew York Court of Common Pleas · 1893