Mooney v. Robinson — 58 N.Y. St. Rep. 830

Majority

p. 830

Edmund L. Mooney et al., Resp’ts, v. John Robinson, App’lt.

(New York City Court, General Term,

Filed April 23, 1894.)

Headnote

Appeal—Verdict.

Where the trial judge has properly submitted the only question in dispute to the jury, the verdict will not be disturbed.

J. Warren Lawton, for app’lt; Mooney & Shipman, forresp’ts.

This is an action by the plaintiffs for sional services. The answer of the defendant was a general denial. On the trial of the action, the only question raised was. that of employment. The plaintiffs claimed employment by an agent of the defendant and a subsequent ratification by the defendant The trial justice properly submitted the question of retainer to the jury, and they having found for the plaintiff, the judgment must be affirmed with costs. All concur.