Clarkson v. Howard

Superior Court of New York

Clarkson v. Howard

19 N.Y.S. 1021

CourtThe Superior Court of the City of New York and Buffalo

DecidedJuly 5, 1892

StatusPublished

This text of 19 N.Y.S. 1021 (Clarkson v. Howard) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clarkson v. Howard, 19 N.Y.S. 1021 (superctny 1892).

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Opinion

Per Curiam.

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 cases has been well defined in Alden v. Earle, (Super. N. Y.) 4 N. Y. Supp. 548; affirmed in 121 N. Y. 688, 24 N. E. Rep. 705. The direction of a verdict against the plaintiffs was proper, and the judgment should be affirmed, with costs.

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Per Curiam.

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 cases has been well defined in Alden v. Earle, (Super. N. Y.) 4 N. Y. Supp. 548; affirmed in 121 N. Y. 688, 24 N. E. Rep. 705. The direction of a verdict against the plaintiffs was proper, and the judgment should be affirmed, with costs.

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Bluebook (online)

19 N.Y.S. 1021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarkson-v-howard-superctny-1892.

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