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

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 4, 1934

StatusPublished

This text of 153 Misc. 645 (Brunjes v. Maiden) 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

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

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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.

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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.

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Bluebook (online)

153 Misc. 645, 275 N.Y.S. 112, 1934 N.Y. Misc. LEXIS 1762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brunjes-v-maiden-nyappterm-1934.

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