Clarkson v. Howard — 47 N.Y. St. Rep. 935

Majority

p. 935

Thomas S. Clarkson et al., App’lts, v. Frederick S. Howard, Resp’t.

Headnote

Appeal from judgment entered upon a verdict directed by the court in favor of the defendant.

p. 936

Ogden, Beekman & Ogden, for app’lts, Cannon & Atwater, for resp’t.

—Upon the whole case it clearly appeared that the plaintiffs were not the procuring cause of the sale, and that the sale was effected by the broker Sterne. It was a clear case of two brokers trying to sell the same property to the same party—the one failing and the other succeeding. The rule of law in such a case has been well defined in Alden v. Earle, 56 Supr. Ct. 366; 33 St.. Rep., 961 , affirmed in 121 N. Y., 688 ; 31 St. Rep., 375 .

The direction of a verdict against the plaintiffs was proper, and the judgment should be affirmed, with costs.

Freedman, Dugro and Gildersleeve, JJ., concur.