Crasto v. White

• Decision Date: 27 November 1888
• Citation: Crasto v. White, 3 N.Y.S. 682 (N.Y. Super Ct. 1888)
• Parties: Crasto v. White
• Court: Superior Court of New York

3 N.Y.S. 682

Crasto v. White

Supreme Court of New York, Special Term, New York County

November 27, 1888

Action by Frank P. Crasto against Richard White for commissions alleged to have been earned in procuring a loan for defendant.

W E Benjamin, for plaintiff.

Townsend Dyett & Einstein, for defendant.

OPINION

Lawrence J.

I am of the opinion that the order for the examination of the witnesses Christopher and Sophia Wray should be vacated and set aside.To entitle a broker, employed to obtain a loan, to commissions it is only necessary for him to show that he has procured a party willing to make the loan upon the terms named, and who is sufficiently responsible.If, for any reason, after the parties have been brought together, the negotiations between them are broken off, and the loan is not perfected, the right of the broker to his commissions is not forfeited, as he does not stand in the attitude of a guarantor to either of the parties.See Burlingv.Gunther, 12 Daly 6;Duclosv.Cunningham, 102 N.Y. 678, 6 N.E. 790;Cookv.Kroemeke, 4 Daly 268.It seems, therefore, quite evident that the testimony of the witnesses in question, which, according to the affidavits presented, is designed to show that the plaintiff really had good title to the property upon which the trust company...