With respect to a broker's authority to negotiate a loan in New York, a statute similar to that mentioned in the preceding section was also found in Chapter 128 of the New York Laws of 1901, in effect September 1, 1901, and this statute became Sec. 640e of the then Penal Code. It provided as follows: "In cities of the first and second class,11 any person who shall make application to any other person, or to any corporation, for a loan upon any real property, without the written authority of the owner of such real property, or of his attorney in fact, appointed in writing, or of a person who has made a written contract for the purchase of such property with the owner thereof, shall be guilty of a misdemeanor."
While Chapter 516 of the Laws of 1906 assumed to repeal the whole of Chapter 128 of the Laws of 1901, it referred specifically only to Sec. 640d of the Penal Code, but whatever there might be of doubt as to whether Sec. 640e of the Penal Code was thereby repealed is set at rest by the new Penal Law,12 which repealed Chapter 128 of the Laws of 1901 in its entirety. Then, however, by Sec. 2039 of the Penal Law aforesaid, the provision was re-enacted in exactly the same words as former
8Levy v. Timble, 47 Misc. 394 (N. Y. 1905).
9 Fisher Co. v. Woods. 187 N. Y. 90 (1907).
10 N. Y. Laws of 1909, Ch. 88; Cons. Laws. Ch. 40.
11 Tbe State Constitution defines such cities in Art. XII, Sec. 2.
12 N. Y. Laws of 1909, Ch. 88; Cons. Laws, Ch. 40.
But does not this section of the Penal Law offend the Constitution as did Sec. 640d of the former Penal Code? 13
In New Jersey the statute provides, "That no broker or real estate agent, selling or exchanging land for or on account of the owner, shall be entitled to any commission for the sale or exchange of any real estate, unless the authority for selling or exchanging such land is in writing, and signed by the owner or his authorized agent, and the rate of commission on the dollar shall have been stated in such authority."14 It applies to one who makes only an occasional sale as well as to brokers.15
In California the statute reads: "The following contracts are invalid, unless the same or some note or memorandum thereof be in writing and subscribed by the party to be charged, or by his agent: * * 6. An agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission. "16
In Missouri the statute provides: u In cities of 300,000 inhabitants or more, any person who shall offer for sale any real property without the written authority of the owner of such property, or of his attorney-in-fact, appointed in writing, or of a person who has made a writ is See Fisher Co. v. Woods, 187 N. Y. 90 (1907).
"General Statutes, N. J. (Ed. 1709-1895). Title "Frauds & Perjuries," Sec.10, p. 1604. See Lelmbacb v. Regner, 70 N. J. L. 608 (1904).
15 Stout v. Hunphrey, 69 N. J. L. 436 (1903).
16 Cal. Civil Code, Sec.1624. See McGeary v. Satchwell, 129 Cal. 389 (1900), where authorities are cited.
Ten contract for the purchase of such property, with the owner thereof, shall be deemed guilty of a misdemeanor and fined in a sum of not less than $10 nor more than $300."17