Streep v. McLaughlin — 72 N.Y.S. 1130

Majority

p. 1130

STREEP, Respondent, v. McLAUGHLIN et al., Appellants.

(City Court of New York,

General Term.

May, 1901.)

Headnote

Action by Frank S. Streep against James McLaughlin and others.

A. B. Malcolmson (J. A. McCreery, of counsel), for appellants. Howe & Hummel (Nathaniel Cohen, of counsel), for respondent.

The judgment is sustained by the weight of evidence. The charge of the judge, we think, was faultless. Evidently, the appellants even so considered it, because, after its delivery, no exception to it was taken by them. Their criticism of it at this time does not appeal to us. We think it fairly and truly stated the law applicable to the ease. If it was not full or comprehensive enough to suit appellants, their attorney should have -made proper requests to charge, which undoubtedly would have been properly submitted to the jury. Their complaint in that-

p. 1131

regard, in our judgment, is now too late to benefit them. After carefully considering the whole record, we think the conclusion of the jury was a just and proper one. Judgment affirmed, with costs and disbursements. Judgment affirmed, with costs.