Adler v. Schaumberger

Appellate Terms of the Supreme Court of New York

Adler v. Schaumberger

84 N.Y.S. 235

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 22, 1903

StatusPublished

Cited by1 cases

This text of 84 N.Y.S. 235 (Adler v. Schaumberger) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adler v. Schaumberger, 84 N.Y.S. 235 (N.Y. Ct. App. 1903).

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Opinions

GILDERSLEEVE, J.

The action is for broker’s commissions. The justice found on sufficient evidence that the services were illegally rendered, for the reason that plaintiffs had no written authority to offer the property for sale. See Pen. Code, § 64od; Whiteley v. Terry (Sup.) 82 N. Y. Supp. 89. Plaintiffs were not entitled to recover anything for such services, which were in themselves a violation of the law. See Griffith v. Wells, 3 Denio, 226. Nevertheless the justice gave judgment for plaintiffs in six cents damages and costs. Had the defendant appealed, the judgment would have been reversed. The plaintiffs have no cause for complaint, as they have obtained a more favorable judgment than, under the facts as found by the justice, they were entitled to have.

The judgment must be affirmed, with costs.

FREEDMAN, P. J., concurs.

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GILDERSLEEVE, J.

The action is for broker’s commissions. The justice found on sufficient evidence that the services were illegally rendered, for the reason that plaintiffs had no written authority to offer the property for sale. See Pen. Code, § 64od; Whiteley v. Terry (Sup.) 82 N. Y. Supp. 89. Plaintiffs were not entitled to recover anything for such services, which were in themselves a violation of the law. See Griffith v. Wells, 3 Denio, 226. Nevertheless the justice gave judgment for plaintiffs in six cents damages and costs. Had the defendant appealed, the judgment would have been reversed. The plaintiffs have no cause for complaint, as they have obtained a more favorable judgment than, under the facts as found by the justice, they were entitled to have.

The judgment must be affirmed, with costs.

FREEDMAN, P. J., concurs.

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Bluebook (online)

84 N.Y.S. 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adler-v-schaumberger-nyappterm-1903.

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