Appellate Division of the Supreme Court of New York, 1940

Malcolm M. Slaughter & Co. v. Emigrant Industrial Savings Bank

Malcolm M. Slaughter & Co. v. Emigrant Industrial Savings Bank
Appellate Division of the Supreme Court of New York · Decided June 14, 1940
259 A.D. 993; 21 N.Y.S.2d 396; 1940 N.Y. App. Div. LEXIS 7615
Malcolm M. Slaughter & Co. v. Emigrant Industrial Savings Bank

Opinion of the Court

Judgment affirmed, with costs. No opinion. Present— Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.; Dore, J., dissents and votes to reverse and grant a new trial on the ground that the finding that plaintiff was the procuring cause of the sale in question is against the documentary evidence and the weight of the credible evidence, that there was no evidence to establish the alleged authority of the witness Smith to employ plaintiff through an oral conversation in a real estate transaction of this magnitude on behalf of the bank; and that the charge of the learned trial court contained errors that are not likely to recur on a new trial.

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