Goodman v. Tailored Silk Undergarment Co.
Appellate Terms of the Supreme Court of New York
1Opinion of the CourtBijur, J.
In this action by a broker for commission earned, the defendant put in evidence a receipt for the commission and a general release executed by another broker. The evidence was objected to as incompetent, immaterial and irrelevant, and its incompetency is self-evident. The admissibility of even competent evidence of such a payment is very much limited. It is spoken of as possibly relevant in the case cited by respondent, namely, Hendricks v. Daniels (19 N. Y. Supp. 414). It is expressly approved in but a single case, namely, Sewell v. Collison (123 App. Div. 586) as justified where plaintiff…
2Cases cited3 opinions
- Hendricks v. DanielsNew York Court of Common Pleas · 1892
- Parnall v. FarsonAppellate Division of the Supreme Court of the State of New York · 1922
- Sewell v. CollisonAppellate Division of the Supreme Court of the State of New York · 1908