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Cox v. Hawke

99 N.Y.S. 1137 Court N.Y. App. Term Decision date 1906-06-01 English

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p. 1137
COX et al., Appellants, v. HAWKE, Respondent.
(Supreme Court, Appellate Term.
June 1, 1906.)

Headnote

Appeal from City Court of New York, Trial Term. Action by Arthur S. Cox and another against Madison G, Hawke. From a judgment for defendant, plaintiff appeals.
Reversed, and new trial ordered.
See 96 N. Y. Supp. 433 .
Wentworth, Lowenstein & Stern, for appellants.
G. M. Heumann, for respondent.

This is an action for brokers’ commissions. The case has been tried three times. The complaint was dismissed on each occasion. On this trial the plaintiff presented a case which clearly entitled him to go to the jury. The facts elicited differ in no wise from those brought out on the former trials. The judgment should be reversed, and a new trial ordered, with costs to appellants to abide the event.