Mashkowitz v. O'Connell

Appellate Terms of the Supreme Court of New York

Mashkowitz v. O'Connell

91 N.Y.S. 115

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 7, 1904

StatusPublished

This text of 91 N.Y.S. 115 (Mashkowitz v. O'Connell) 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

Mashkowitz v. O'Connell, 91 N.Y.S. 115 (N.Y. Ct. App. 1904).

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Opinion

BISCHOFF, J.

The judgment for dismissal of the complaint upon the merits (Municipal Court Act, § 249; Daws 1902, p. 1561, c. 580) is supported by credible evidence that the plaintiff was not employed as a broker, but was dealt with as one who asserted himself to be an intending purchaser. Thus we cannot assume that the conclusion was reached upon some other ground, assailed by the appellant as erroneous. It would appear, however, that the absence of written authority was fatal to the case. Whiteley v. Terry, 83 App. Div. 197, 82 N. Y. Supp. 89.

Judgment affirmed, with costs. All concur.

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BISCHOFF, J.

The judgment for dismissal of the complaint upon the merits (Municipal Court Act, § 249; Daws 1902, p. 1561, c. 580) is supported by credible evidence that the plaintiff was not employed as a broker, but was dealt with as one who asserted himself to be an intending purchaser. Thus we cannot assume that the conclusion was reached upon some other ground, assailed by the appellant as erroneous. It would appear, however, that the absence of written authority was fatal to the case. Whiteley v. Terry, 83 App. Div. 197, 82 N. Y. Supp. 89.

Judgment affirmed, with costs. All concur.

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Bluebook (online)

91 N.Y.S. 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mashkowitz-v-oconnell-nyappterm-1904.

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