Brunjes v. Maiden

Appellate Terms of the Supreme Court of New York

Brunjes v. Maiden

153 Misc. 645, 275 N.Y.S. 112, 1934 N.Y. Misc. LEXIS 1762

Appellate Terms of the Supreme Court of New York·Decided October 4, 1934·Published

Opinion

Per Curiam.

Judgment and order unanimously reversed upon the law, with thirty dollars costs to appellant, and motion for summary judgment denied.

Plaintiff’s papers do not comply with the provisions of rule 113. Furthermore, defendant’s papers show that he made no agreement with the plaintiff and that Martin, whom defendant had authorized to procure the loan, was merely a real estate broker. As such, Martin had no authority to employ the plaintiff (Southack v. Ireland, 109 App. Div. 45; Carroll v. Tucker, 2 Misc. 397) and the latter has no claim against the defendant. No opinion.

All concur; present, Cropsey, Lewis and Johnston, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Judgment and order unanimously reversed upon the law, with thirty dollars costs to appellant, and motion for summary judgment denied.

Plaintiff’s papers do not comply with the provisions of rule 113. Furthermore, defendant’s papers show that he made no agreement with the plaintiff and that Martin, whom defendant had authorized to procure the loan, was merely a real estate broker. As such, Martin had no authority to employ the plaintiff (Southack v. Ireland, 109 App. Div. 45; Carroll v. Tucker, 2 Misc. 397) and the latter has no claim against the defendant. No opinion.

All concur; present, Cropsey, Lewis and Johnston, JJ.

Brunjes v. Maiden, 153 Misc. 645, 275 N.Y.S. 112, 1934 N.Y. Misc. LEXIS 1762 (N.Y. Ct. App. 1934).

Pincite

153 Misc. 645 (Brunjes v. Maiden) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related