Myers v. Dean
New York Court of Common Pleas
On reargument. For decision on appeal, see 29 N. Y. Supp. 578. For order granting reargument, see 31 2J. Y. Supp. 119.
1Opinion of the CourtBookstaver, J.
On the first argument of this appeal we concluded that on the whole evidence the complaint should have been dismissed, and in the opinion then delivered pointed out that the complaint was equivocal, and might authorize a recovery for the value of plaintiff’s services in helping to procure the lease, or brokerage eo nomine for doing so; and that, if the action proceeded upon the ground of services, it was impossible the judgment rendered should stand, because unsupported by evidence of the plaintiff’s services as distinguished from the brokerage allowed upon procuring the lease. We also showed…
2Cases cited12 opinions
- Williams v. . HutchinsonNew York Court of Appeals · 1850
- Presb. Church of Albany v. . CooperNew York Court of Appeals · 1889
- McCarthy v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
- Bartholomew v. JacksonNew York Supreme Court · 1822
- Twenty-Third Street Baptist Church v. CornellNew York Court of Appeals · 1890
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3Cited by1 opinion
- Walleston v. FahnestockAppellate Terms of the Supreme Court of New York · 1909