Hyperlawhypertext legal database Beck v. Lawrence 41 N.Y. Super. Ct. 535

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Beck v. Lawrence

41 N.Y. Super. Ct. 535 9 Jones & S. 535 Court N.Y. Super. Ct. Decision date 1876-03-20 English

Delivered by Sanford, J.,

Contents

Majority

p. 535
JOHN M. BECK, Plaintiff and Respondent v. BRYANT LAWRENCE, Defendant and Appellant.

Headnote

I. Broker’s commissions on negotiating a lease in behalf of1 THE LESSOR.
1. Opinion of witness as to relative ease.
(a) The opinion of a witness as to whether it would be easier to lease a dock on the verge of a great city, than to lease a house and lot in the country, is inadmissible.
p. 536
Before Speir and Sanford, JJ.
Decided, March 20, 1876.
2. Custom: evidence that the putting by several brokers of then-signs on a particular piece of property, does not of itself entitle - them to commissions, unless they are instrumental in causing the property to be either leased or sold, is inadmissible.
3. The evidence clearly established that plaintiff was employed by defendant, and that the lease resulted from Ms agency, as its procuring cause.
The appeal was from a judgment entered on a verdict for the plaintiff. The action was brought for commission and brokerage on the rent reserved in a lease from defendant to the Morrisania Steamboat Company, which it was alleged was negotiated by plaintiff at the request of the defendant, and as his agent and broker.

wrote for affirmance, laying down the proposition contained in the head-note.

Speir, J., concurred.

Judgment affirmed with costs.