28 N.Y.S. 560 | New York Court of Common Pleas | 1894
Lead Opinion
This action was brought against the defendant, a foreign building and loan association, to recover the agreed compensation for selling shares of stock of the defendant company. The defense was a general denial. Judgment was given the plaintiff for the full amount he claimed, from which the defendant has appealed.
By the plaintiff’s own testimony it appears that some of the sales upon which he seeks to recover commissions were made during the periods in which the defendant company was not allowed to do business in this state. It is conceded that the sale of shares of stock in such corporations was prohibited by section 9, c. 146, of the Laws of 1890. The plaintiff boasts that they nevertheless continued the business, and “used to beat the devil around the bush.” But, however adroit his work in thus evading or violating
Concurrence Opinion
I concur. See, also, Dowley v. Schiffer (Com. Pl. N. Y.) 13 N. Y. Supp. 552.