Public-domain · open source
OpenJurist

31 Misc. 750

Lord v. Moran

Appellate Terms of the Supreme Court of New York · decided 1900-04-15

Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, rendered in favor of the plaintiff, upon a trial had, without a jury. Action for broker’s commissions.

Decided 1900-04-15

Per Curiam.

¶1This case involves substantially only a question of fact, upon which there was a sharp conflict of testimony. The judgment is amply supported by the evidence. The justice having found that the plaintiff produced competent parties as proposed lenders, who were ready and willing to make the loan upon terms acceptable to the defendant, the plaintiff is entitled to the stipulated commissions, notwithstanding the defendant’s refusal to complete the transaction. Van Orden v. Morris, 19 Misc. Rep. 497.

¶2The exceptions taken during the trial do not present any ground for reversal.

¶3As we are satisfied from a careful consideration of the evidence, that the decision of the justice is in all respects correct, the judgment must be affirmed, with costs.

¶4[Present: Beekman, P. J., Giegerioh and O’Gorman, JJ.

¶5Judgment affirmed, with costs.

/31/misc/750 · .json · Public domain