Stone v. Plaut

Appellate Terms of the Supreme Court of New York

Stone v. Plaut

96 N.Y.S. 1030

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 21, 1905

StatusPublished

This text of 96 N.Y.S. 1030 (Stone v. Plaut) 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

Stone v. Plaut, 96 N.Y.S. 1030 (N.Y. Ct. App. 1905).

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Opinion

BISCHOFF, J.

In our opinion the plaintiff was properly nonsuited, and the judgment should be affirmed. Engaged to procure-a loan of not less than $225,000 or $220,000, the plaintiff’s efforts failed to secure anything better than a tentative offer of $210,000; and, this not being-accepted, he admittedly abandoned his interest in the matter, as appears from his own letter. Thereafter the defendants took the loan at $200,-000 from the party with whom the plaintiff had negotiated, but this gave him no cause of action for commissions. He had been employed to obtain a loan at or above a minimum limit, which he failed to do, and the defendants, acting upon his written disclaimer of further employment, proceeded to obtain a substantially smaller loan themselves. Here is no reasonable suggestion of bad faith, and a verdict for the plaintiff would have been quite without support in the evidence. That upon the facts presented the broker has no claim to commissions is a proposition well settled by authority. Donovan v. Weed, 182 N. Y. 43, 74 N. E. 563 ; Sibbald v. Bethlehem Iron Works, 83 N. Y. 378, 38 Am. Rep 441.

Judgment affirmed, with costs. All concur.

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BISCHOFF, J.

In our opinion the plaintiff was properly nonsuited, and the judgment should be affirmed. Engaged to procure-a loan of not less than $225,000 or $220,000, the plaintiff’s efforts failed to secure anything better than a tentative offer of $210,000; and, this not being-accepted, he admittedly abandoned his interest in the matter, as appears from his own letter. Thereafter the defendants took the loan at $200,-000 from the party with whom the plaintiff had negotiated, but this gave him no cause of action for commissions. He had been employed to obtain a loan at or above a minimum limit, which he failed to do, and the defendants, acting upon his written disclaimer of further employment, proceeded to obtain a substantially smaller loan themselves. Here is no reasonable suggestion of bad faith, and a verdict for the plaintiff would have been quite without support in the evidence. That upon the facts presented the broker has no claim to commissions is a proposition well settled by authority. Donovan v. Weed, 182 N. Y. 43, 74 N. E. 563 ; Sibbald v. Bethlehem Iron Works, 83 N. Y. 378, 38 Am. Rep 441.

Judgment affirmed, with costs. All concur.

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Bluebook (online)

96 N.Y.S. 1030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-plaut-nyappterm-1905.

Opinion

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