Legal Opinion

Cohen v. Barry

Appellate Terms of the Supreme Court of New York

Decided February 7, 1908PublishedCited by 2 opinions

Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by William Cohen against Joshua H. Barry and John M. Ferris. From a judgment for plaintiff, defendants appeal. Reversed.

1Opinion of the CourtSeabury, J.

The plaintiff paid the defendants, Barry and Ferris, who were real estate and insurance brokers doing business under the firm name of Barry & Co., the sum of $135. The conditions under which this sum was paid are set forth in the receipt, which the plaintiff received from the defendants, of which the following is a copy:

“New York, November 28, 1906.
“Received from William Cohen the sum of one hundred and twenty-five dollars as security on lease for southerly store situated on the east side of Eighth avenue. Said amount to be returned to William Cohen provided the lease is not made between the…

2Cases cited4 opinions

  1. Hall v. . LauderdaleNew York Court of Appeals · 1871
  2. Colvin v. . HolbrookNew York Court of Appeals · 1848
  3. Cooper v. TimAppellate Terms of the Supreme Court of New York · 1896
  4. In re the application for probate of the will of SandsNew York Surrogate's Court · 1888

3Cited by2 opinions

  1. Gust v. WilsonNorth Dakota Supreme Court · 1953
  2. Dobell v. KochOhio Court of Appeals · 1921

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