Hart v. L. D. Garrett Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, New York County. Action by Arthur W. Hart against the L. D. Garrett Company. From an order striking the cause from the jury calendar, plaintiff appeals. Reversed.
1Opinion of the CourtLaughlin, J.
The only ground upon which this motion was based is that this is a suit in equity, and not an action at law. We are of opinion that the plaintiff was entitled to a jury trial of the issues upon the ground that this is an action at law. It is alleged in the complaint that the defendant contracted in writing with the plaintiff to pay him one-fifth of the net profits realized by the defendant on a sale of any insurance company or any insurance company’s stock to a purchaser procured by him, such payment to be made as soon as the defendant received its compensation or commission for effecting the…
2Cases cited9 opinions
- Schantz v. . OakmanNew York Court of Appeals · 1900
- Smith v. . BodineNew York Court of Appeals · 1878
- McCullough v. PenceNew York Supreme Court · 1895
- Everett v. De FontaineAppellate Division of the Supreme Court of the State of New York · 1903
- Chaurant v. MaillardAppellate Division of the Supreme Court of the State of New York · 1900
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