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Horgan v. Frenkel, Kovac & Co.

Dennis R. Horgan v. Frenkel, Kovac & Company, Inc.

Horgan v. Frenkel, Kovac & Co., 161 Misc. 493 (1936)
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Court
Appellate Terms of the Supreme Court of New York · State Appellate Courts
Decided
December 23, 1936
Citations
161 Misc. 493293 N.Y.S. 2641936 N.Y. Misc. LEXIS 1635

Opinion of the Court

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Per Curiam.

It was error to receive as evidence over defendant’s objection quotations reported by a quotation service bureau rendering its reports only to its broker subscribers, as same were not admissible under section 375-a of the Civil Practice Act. Although the witness may be competent to testify, proof of market value or in its absence fair value must be given as required by the rules of evidence. If the rule of caveat emptor applies but facts showing fiduciary relationship exist, same should be alleged in the complaint, to take the cause out of the rule. The answer here alleged defendant was entitled to commission under the agreement of sale.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur. Present — Lydon, Levy and Hammer, JJ.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1955: 119552026peak 1955 · 1

Relies on it most ⓘ

  1. Fistel v. Christman135 F. Supp. 830 (S.D.N.Y. 1955)

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  1. Fistel v. Christman135 F. Supp. 830 (S.D.N.Y. 1955)

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