Peden v. Smith

New York Supreme Court

Peden v. Smith

13 N.Y.S. 441, 37 N.Y. St. Rep. 967, 59 Hun 618, 1891 N.Y. Misc. LEXIS 1166

DecidedFebruary 11, 1891

StatusPublished

This text of 13 N.Y.S. 441 (Peden v. Smith) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Peden v. Smith, 13 N.Y.S. 441, 37 N.Y. St. Rep. 967, 59 Hun 618, 1891 N.Y. Misc. LEXIS 1166 (N.Y. Super. Ct. 1891).

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Opinion

Dykman, J.

This action was commenced for the recovery of commissions upon an exchange of real property. The present defendant was substituted in the place of the original defendant, because he, as well as the plaintiff, claimed the commissions upon the exchange. The cause was tried before a judge without a jury, and he has found that the defendant was employed to exchange the real property, and was the sole procuring cause of such exchange on the part of Brush, who was the original defendant in this action, and the party from whom the plaintiff claimed to be entitled to recover his commission. Such finding of the judge is well sustained by the evidence, and the judgment should be affirmed, with costs.

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Dykman, J.

This action was commenced for the recovery of commissions upon an exchange of real property. The present defendant was substituted in the place of the original defendant, because he, as well as the plaintiff, claimed the commissions upon the exchange. The cause was tried before a judge without a jury, and he has found that the defendant was employed to exchange the real property, and was the sole procuring cause of such exchange on the part of Brush, who was the original defendant in this action, and the party from whom the plaintiff claimed to be entitled to recover his commission. Such finding of the judge is well sustained by the evidence, and the judgment should be affirmed, with costs.

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Bluebook (online)

13 N.Y.S. 441, 37 N.Y. St. Rep. 967, 59 Hun 618, 1891 N.Y. Misc. LEXIS 1166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peden-v-smith-nysupct-1891.