New York Court of Appeals

Frank L. Fisher Company, Appellant v. Robert L. Woods, Respondent

January 8, 1907187 N.Y. 90

Summary

The New York Court of Appeals reversed the Appellate Division’s dismissal of a real‑estate broker’s claim for compensation, holding that the broker had standing to appeal and that section 640d of the Penal Code was unconstitutional as an arbitrary infringement of liberty, due process, equal protection, and the contracts clause. The court reasoned that the statute exceeded the legislature’s police power and ordered a new trial.