The Superior Court of New York City, 1892

Clarkson v. Howard

Clarkson v. Howard
The Superior Court of New York City · Decided July 5, 1892
47 N.Y. St. Rep. 935

Counsel

Ogden, Beekman & Ogden, for app’lts, Cannon & Atwater, for resp’t.

Clarkson v. Howard

Opinion of the Court

Per Curiam.

—Upon the whole case it clearly appeared that the plaintiffs were not the procuring cause of the sale, and that the sale was effected by the broker Sterne. It was a clear case of two brokers trying to sell the same property to the same party—the one failing and the other succeeding. The rule of law in such a case has been well defined in Alden v. Earle, 56 Supr. Ct. 366; 33 St.. Rep., 961, affirmed in 121 N. Y., 688; 31 St. Rep., 375.

The direction of a verdict against the plaintiffs was proper, and the judgment should be affirmed, with costs.

Freedman, Dugro and Gildersleeve, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.