Rosenthal v. United Transportation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The United Transportation Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of November, 1920, upon the verdict of a jury rendered by direction of the court; also from an order entered in said clerk’s office on the 10th day of December, 1920, denying defendant’s motion for a new trial made upon the minutes, and also from an order entered in said…
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Appeal by the defendant, The United Transportation Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of November, 1920, upon the verdict of a jury rendered by direction of the court; also from an order entered in said clerk’s office on the 10th day of December, 1920, denying defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 15th day of April, 1920, denying defendant’s motion for an interpleader.
1Opinion of the Court
Smith, J.:
The action is brought to recover of the defendant two-thirds of $5,000 which was received by the defendant as commission for the sale of the steamship American. This ship was owned by some parties in Halifax and was put in the hands of Simpson & Co., shipbrokers, in Boston, for sale. Simpson & Co. had an agent in New York by the name of Gallupe. The steamship was also .put in the hands of the defendant for sale. Gallupe introduced the plaintiff to the "defendant, and the plaintiff thereafter brought about the sale of the steamship for the sum of $35,000. Thirty thousand *542dollars was…
2Cases cited4 opinions
- Smith v. . DotterweichNew York Court of Appeals · 1911
- Hechinger v. UlaciaAppellate Division of the Supreme Court of the State of New York · 1920
- Equitable Trust Co. v. HalpertAppellate Terms of the Supreme Court of New York · 1912
- Bond v. VandegriftAppellate Terms of the Supreme Court of New York · 1911
3Cited by9 opinions
- National Equipment Rental, Ltd. v. SzukhentSupreme Court of the United States · 1964
- Wichlenski v. WichlenskiAppellate Division of the Supreme Court of the State of New York · 1979
- Phillips v. GarramoneNew York Supreme Court · 1962
- Devoy v. NellesAppellate Division of the Supreme Court of the State of New York · 1921
- National Equipment Rental, Ltd. v. SzukhentSupreme Court of the United States · 1964
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