Strause v. . Josephthal
New York Court of Appeals
This action was brought to recover a balance alleged to be due of the purchase-price of a bond and mortgage transferred by plaintiff to defendants. The sale of the bond and mortgage was negotiated by one Levinger, who had acted as agent or broker for both parties. Defendants placed in his hands checks for $6,428, the amount of the purchase money, with directions that they or their avails were to be delivered on delivery of the securities, with an assignment thereof.
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This action was brought to recover a balance alleged to be due of the purchase-price of a bond and mortgage transferred by plaintiff to defendants. The sale of the bond and mortgage was negotiated by one Levinger, who had acted as agent or broker for both parties. Defendants placed in his hands checks for $6,428, the amount of the purchase money, with directions that they or their avails were to be delivered on delivery of the securities, with an assignment thereof. Levinger, upon receipt of the papers, paid to plaintiff $4,000, and gave to her a receipt stating in substance that the balance…
1Opinion of the Court
Folger, J.,
reads for affirmance.
All concur, except Andrews, J., absent at argument.
Judgment affirmed.
2Cited by8 opinions
- Flyer v. SullivanAppellate Division of the Supreme Court of the State of New York · 1954
- Levy v. . Louvre Realty Co.New York Court of Appeals · 1917
- Greeley State Bank v. LineNebraska Supreme Court · 1897
- Goettlicher v. WilleNew York Supreme Court · 1912
- Goettlicher v. WilleAppellate Division of the Supreme Court of the State of New York · 1913
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