Title Guarantee & Trust Co. v. Marcuson

Appellate Terms of the Supreme Court of New York

Title Guarantee & Trust Co. v. Marcuson

103 N.Y.S. 1144

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 10, 1907

StatusPublished

This text of 103 N.Y.S. 1144 (Title Guarantee & Trust Co. v. Marcuson) 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

Title Guarantee & Trust Co. v. Marcuson, 103 N.Y.S. 1144 (N.Y. Ct. App. 1907).

Pincite

Opinion

PER CURIAM.

The action is for services in searching two titles. The defendants claim they never ordered the titles searched, and, in any event, plaintiff failed to perform its part of the alleged contract. There was a sharp conflict of proof, and the justice found for plaintiff in the sum of $102.75. the whole amount claimed, with $19.31 costs. It is, however, conceded by plaintiff's witness Pettit, corroborated by plaintiff's E~hibits 3 and 4, and not disputed by. any other witness, that •a commission of 15 per cent, was to be deducted from the claim in favor of defendant's attorney on the titles, which would reduce the claim for one title from $42.75 to $36.34, and the claim for the other title from $00 to $51, making a reduction from the original claim allowed of $102.75 to $87.34. The judgment should be modified, by reducing the damages from $102.75 to $87.34, and, as modified, affirmed, with appropriate costs in the -court below, but without costs of this appeal.

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PER CURIAM.

The action is for services in searching two titles. The defendants claim they never ordered the titles searched, and, in any event, plaintiff failed to perform its part of the alleged contract. There was a sharp conflict of proof, and the justice found for plaintiff in the sum of $102.75. the whole amount claimed, with $19.31 costs. It is, however, conceded by plaintiff's witness Pettit, corroborated by plaintiff's E~hibits 3 and 4, and not disputed by. any other witness, that •a commission of 15 per cent, was to be deducted from the claim in favor of defendant's attorney on the titles, which would reduce the claim for one title from $42.75 to $36.34, and the claim for the other title from $00 to $51, making a reduction from the original claim allowed of $102.75 to $87.34. The judgment should be modified, by reducing the damages from $102.75 to $87.34, and, as modified, affirmed, with appropriate costs in the -court below, but without costs of this appeal.

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Bluebook (online)

103 N.Y.S. 1144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/title-guarantee-trust-co-v-marcuson-nyappterm-1907.