Sopher v. Sargent — 38 N.Y. St. Rep. 481

Majority

p. 481

John A. Sopher, Resp’t, v. Gertrude W. Sargent, App’lt.

(City Court of Brooklyn, General Term,

Filed April 27, 1891.)

Headnote

Trial—Exceptions.

Error cannot be predicated on an exception to a statement in a charge to the jury that certain questions were the only ones for them to determine, where the counsel in response to an inquiry stated that he did not think there was any question for the jury and made no request to submit any.

Appeal from judgment in favor of plaintiff, entered on verdict, and from order denying motion for a new trial.

Horace Graves, for resp’t; George C. Comstock, for app’lt

After the trial judge had charged the jury, the defendant’s counsel stated to the court that he wished to except to the charge wherein the court had stated the only questions for the jury to determine were whether or not the husband of defendant was authorized to sign the contract for her, and the value •of the services. When the court asked the counsel what other question there was, he answered he did not think there was any question for the jury, and made no request of the court to submit any other question to the jury. Upon such an exception no error can be predicated. The testimony was sufficient to carry' the case to the jury, and therefore the motion for a nonsuit was properly denied. We discern nothing in the testimony which' calls upon us to disturb the verdict as against the weight of evi-, dence. ,

Judgment and order must be affirmed, with costs.

Osborne, J., concurs.