Goodman v. Hess
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment in favor of defendant rendered in the Municipal Court of the city of Hew York, second district, borough of the Bronx, dismissing the complaint with $30 costs.
1Opinion of the CourtErlanger, J.
After plaintiff submitted all his proof _ in support of his claim for brokerage commissions, his complaint was dismissed upon “ the ground that no cause of action has been made out.” It is well settled that upon such a dismissal plaintiff is entitled “ to the most favorable inferences deducible from the evidence ”. Plaintiff’s authority to sell is in the following language: “ I hereby authorize you to sell the above property for me and agree to pay you the usual commission.” This paper was signed by defendant’s brother, whose acts were fully ratified by the defendant. Above the authorization…
2Cases cited3 opinions
- Southwick v. SwavienskiAppellate Division of the Supreme Court of the State of New York · 1906
- Seidman v. RaunerAppellate Terms of the Supreme Court of New York · 1906
- Putter v. BergerAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Behrmann v. MarcusAppellate Terms of the Supreme Court of New York · 1908
- Irving H. Wolfe & Co. v. Chasmore Construction Co.New York Supreme Court · 1927