Kavanagh v. . Wilson
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas m and for the county of Hew York, affirming a judgment in favor of plaintiff entered on a verdict. The nature of the action and the facts are sufficiently set forth in the opinion. The case should have been submitted to the jury.
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Appeal from judgment of the General Term of the Court of Common Pleas m and for the county of Hew York, affirming a judgment in favor of plaintiff entered on a verdict. The nature of the action and the facts are sufficiently set forth in the opinion. The case should have been submitted to the jury. (Master v. Deyo, 2 Wend., 424; Foshay v. Furgeson, 6 Barb., 33; Bacon v. Town, 4 Cush., 218; Basson v. Southard, 10 N. Y., 240; Heyne v. Blair, 62 id., 19, 23.) The court was correct in directing a verdict for plaintiff. (7 Wend., 160.)
1Opinion of the CourtEarl, J.
This action was brought to recover four thous- and dollars claimed by the plaintiff to be due him under a special contract as a real estate broker for negotiating the sale of certain real estate for Mr. Poillon, defendant’s testator. The contract was testified to by a single witness, plaintiff’s son, and there was no other evidence or circumstance in the case tending to prove it. . The witness testified that he was a clerk in his father’s office, at a salary of $5 per week besides his board and clothing; that he used to draw the contracts of sale, and was sometimes paid extra for that work;…
2Cases cited3 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Lomer v. . MeekerNew York Court of Appeals · 1862
- Newton v. PopeNew York Supreme Court · 1823
3Cited by104 opinions
- Quock Ting v. United StatesSupreme Court of the United States · 1891
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Ferdinand v. Agricultural Ins. Co. of Watertown, NYSupreme Court of New Jersey · 1956
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Poole v. First Nat. Bank of SmyrnaCourt of Appeals of Tennessee · 1946
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