Majority
p. 1128LEHRER v. ASSURANCE LEAGUE OF AMERICA et al. (Supreme Court, Appellate Term, First Department. May 8, 1913.)
Headnote
Appeal from City Court of New York, Trial Term. Action by Philip Lehrer against the Assurance-League of America and others. From a City-Court judgment for plaintiff, and for defendant Solomon Augenblick against the defendants-the Assurance League of America and Good-hart, and from an order denying the motion of the latter to set aside the verdict and for a new trial, they appeal. Reversed in part, and affirmed in part. William A. Goodhart, in pro. per. Edward A. Isaacs, of New York City, for appellant Assurance League of America. Henry Kuntz, of New York City (M. Spencer Bevins, of New York City, of counsel), for respondent Lehrer. Louis É. Brodsky, of New York City, for respondent Augenblick.The contract placed in evidence by the plaintiff provides that upon payment of the money due to the deputies under their agreement to William A. Goodhart, and acceptance of his receipt therefor, the Assurance League of America shall be discharged of all liability for commissions under the agreement. It is conceded that the said League has-paid the sum of $1,310 to Goodhart pursuant to this provision, and Goodhart’s receipt is in-evidence. The judgment against the Asurante League of America is therefore reversed, with costs, and as to it the complaint is dismissed, with costs. The judgment against the defendant William A. Goodhart is affirmed, with costs.