Jacobs v. Johnson — 241 N.Y. 603

Majority

p. 603

Moses Jacobs, Respondent, v. Kate A. Johnson et al., as Executors of Charles E. Johnson, Deceased, Appellants, Impleaded with Others.

Headnote

Principal and agent — commissions — action to recover commissions on a sale of real property.

Jacobs v. Johnson, 212 App. Div. 587 , affirmed.

(Argued December 7, 1925;

decided January 12, 1926.)

Appeal from a judgment, entered May 6, 1925, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed a judgment in favor of defendants appellants’ intestate, entered upon an order of the court at a Trial Term granting a motion to set aside a verdict in favor of plaintiff and directing a dismissal of the complaint, and directed a reinstatement of said verdict. The action was brought to recover commissions alleged to have been earned on the sale of a parcel of real estate owned by the defendants’ testator, located on the west side of Broadway, extending

p. 604

from Thirty-fifth to Thirty-sixth streets in the city of New York.

Frederick Dulse for appellants.

Robert Moers, David L. Podell and Charles S. Rosenschein for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.