Moses v. . Bierling
New York Court of Appeals
Appeal from the affirmance, in the Rew York Common Pleas, of a judgment rendered for the plaintiff on the trial before Judge Beady and a jury. The action was to recover commissions earned by the plaintiff, in negotiating a sale of 4,000 Prussian muskets for the defendants. It was proved that the service was requested by the defendants, and that it was performed with reasonable despatch by the plaintiff.
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Appeal from the affirmance, in the Rew York Common Pleas, of a judgment rendered for the plaintiff on the trial before Judge Beady and a jury. The action was to recover commissions earned by the plaintiff, in negotiating a sale of 4,000 Prussian muskets for the defendants. It was proved that the service was requested by the defendants, and that it was performed with reasonable despatch by the plaintiff. There was some slight conflict of evidence on the question whether the sale was in accordance with the instructions, and whether the contract provided for the exclusion of all other brokers;…
1Opinion of the CourtPorter, J.
Shortly after the commencement of the pres ent war, the defendants imported four thousand Prussian muskets, for the purpose of selling them at an advance to the government. Before the arrival of the shipment, they employed the plaintiff to negotiate a sale, stipulating that he should receive a commission of two per cent upon the price as a compensation for his services. They agreed, as the jury find, that the plaintiff should have the sale of the guns, to the exclusion of all other brokers. The market price of muskets of this description was then four dollars and sixty cents in the city of…
2Cases cited4 opinions
- Glentworth v. LutherNew York Supreme Court · 1855
- Barnes v. RobertsThe Superior Court of New York City · 1859
- Jacobs v. KolffNew York Court of Common Pleas · 1858
- Barnard v. MonnotNew York Supreme Court · 1861
3Cited by71 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Fitzpatrick v. GilsonMassachusetts Supreme Judicial Court · 1900
- Stewart v. MatherWisconsin Supreme Court · 1873
- Graves v. Bains & WoodwardTexas Supreme Court · 1890
- Mooney v. . ElderNew York Court of Appeals · 1874
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