P. W. CHAPMAN & CO. v. CORNELIUS

No. 187.

39 F.2d 555 (1930)

P. W. CHAPMAN & CO., Inc., v. CORNELIUS.

Circuit Court of Appeals, Second Circuit.

March 3, 1930.


Attorney(s) appearing for the Case

White & Case, of New York City (Vermont Hatch and Thomas Kiernan, both of New York City, of counsel), for defendant-appellant.

Albert M. Lee, of New York City (Arthur Ofner, and J. George Levy, both of New York City, on the brief), for plaintiff-appellee.

Before SWAN, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


CHASE, Circuit Judge (after stating the facts as above).

In its nearest approach to the definition of a real estate broker contained in section 440 of the statute (Consol. Laws N. Y. c. 50), the plaintiff's conduct should be regarded with reference to an attempt to negotiate, for a fee or commission, a loan to be secured by mortgage on real estate. Unless what he did falls within that phase of the statute, his suit is not affected by its provisions. Furthermore, the...

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