Glover v. Duffy

Appellate Terms of the Supreme Court of New York

Glover v. Duffy

112 N.Y.S. 1099

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 24, 1908

StatusPublished

This text of 112 N.Y.S. 1099 (Glover v. Duffy) 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

Glover v. Duffy, 112 N.Y.S. 1099 (N.Y. Ct. App. 1908).

Pincite

Opinion

PER CURIAM.

This action was brought to recover commissions for procuring a loan. After negotiations between the plaintiff and the defendants, the defendants agreed to accept a loan of $29,000, at 5% per cent, for the period of five years. The evidence shows that the plaintiff secured a lender willing to make this loan at 5% per cent, for three years. The defendants rejected this proposition. Under these circumstances it is evident that the plaintiff failed to establish his right to recover. In order to recover, it was necessary for the plaintiff to show that he had secured some one willing to make the loan on the terms offered by the defendants. The terms on which the defendants offered to take the loan required that the loan should be for five years and the plaintiff did not earn his commissions by offering them a loan for three years.

The judgment is reversed, and a new trial ordered, with costs to appellants to abide the event.

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PER CURIAM.

This action was brought to recover commissions for procuring a loan. After negotiations between the plaintiff and the defendants, the defendants agreed to accept a loan of $29,000, at 5% per cent, for the period of five years. The evidence shows that the plaintiff secured a lender willing to make this loan at 5% per cent, for three years. The defendants rejected this proposition. Under these circumstances it is evident that the plaintiff failed to establish his right to recover. In order to recover, it was necessary for the plaintiff to show that he had secured some one willing to make the loan on the terms offered by the defendants. The terms on which the defendants offered to take the loan required that the loan should be for five years and the plaintiff did not earn his commissions by offering them a loan for three years.

The judgment is reversed, and a new trial ordered, with costs to appellants to abide the event.

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Bluebook (online)

112 N.Y.S. 1099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glover-v-duffy-nyappterm-1908.