Rohkohl v. Sussman
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of Mew York, sixth district, borough of Manhattan, dismissing the complaint and awarding judgment in favor of the defendant upon a counterclaim contained in the answer, after a trial before the court without a jury-
1Opinion of the CourtGeigerich, J.
The action is to recover the sum of fifty dollars paid by the plaintiff to the defendant, who did business under the name and style of William S. Sussman & Company, as part of his brokerage for effecting an exchange of lands, but claimed by the former to have been paid upon the agreement that it was to be returned if title to such lands should fail to pass. Title thereto did not pass.
The defendant claims that he was employed as a broker in the transaction, and that the reasonable value of his services was one hundred and forty dollars; that this sum was earned when he brought the parties to…
2Cases cited3 opinions
- Fargis v. . WaltonNew York Court of Appeals · 1887
- Tieck v. McKennaAppellate Division of the Supreme Court of the State of New York · 1906
- Taubenblatt v. GalewskiAppellate Terms of the Supreme Court of New York · 1908
3Cited by1 opinion
- Swee v. NeumannCity of New York Municipal Court · 1910