Malcolm M. Slaughter & Co. v. Emigrant Industrial Savings Bank

Appellate Division of the Supreme Court of New York

Malcolm M. Slaughter & Co. v. Emigrant Industrial Savings Bank

259 A.D. 993, 21 N.Y.S.2d 396, 1940 N.Y. App. Div. LEXIS 7615

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 14, 1940

StatusPublished

This text of 259 A.D. 993 (Malcolm M. Slaughter & Co. v. Emigrant Industrial Savings Bank) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Malcolm M. Slaughter & Co. v. Emigrant Industrial Savings Bank, 259 A.D. 993, 21 N.Y.S.2d 396, 1940 N.Y. App. Div. LEXIS 7615 (N.Y. Ct. App. 1940).

Pincite

Opinion

Judgment affirmed, with costs. No opinion. Present— Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.; Dore, J., dissents and votes to reverse and grant a new trial on the ground that the finding that plaintiff was the procuring cause of the sale in question is against the documentary evidence and the weight of the credible evidence, that there was no evidence to establish the alleged authority of the witness Smith to employ plaintiff through an oral conversation in a real estate transaction of this magnitude on behalf of the bank; and that the charge of the learned trial court contained errors that are not likely to recur on a new trial.

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Judgment affirmed, with costs. No opinion. Present— Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.; Dore, J., dissents and votes to reverse and grant a new trial on the ground that the finding that plaintiff was the procuring cause of the sale in question is against the documentary evidence and the weight of the credible evidence, that there was no evidence to establish the alleged authority of the witness Smith to employ plaintiff through an oral conversation in a real estate transaction of this magnitude on behalf of the bank; and that the charge of the learned trial court contained errors that are not likely to recur on a new trial.

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Bluebook (online)

259 A.D. 993, 21 N.Y.S.2d 396, 1940 N.Y. App. Div. LEXIS 7615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malcolm-m-slaughter-co-v-emigrant-industrial-savings-bank-nyappdiv-1940.