Mead v. . Shea
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, made September 6, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and-the material facts are stated in the opinion. The transactions between Head and Henright, subsequent to October 25, 1876, were clearly irrelevant and improper as evidence against Shea.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, made September 6, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and-the material facts are stated in the opinion. The transactions between Head and Henright, subsequent to October 25, 1876, were clearly irrelevant and improper as evidence against Shea. (1 Wharton on Evidence, §§ 551, 566; 1 Greenleaf on Evidence, § 462; Bullis v. Montgomery, 50 N. Y. 352, 358, 359; Anderson v. R. & W. R. R. Co., 54 id. 340-343 ; Gandolfo v. Appleton, 40 id.…
1Opinion of the Court
Ruger, Ch. J.
The defendant seeks to reverse the judgment in this action, because he was not permitted to make the closing argument to the jury. The question was claimed to have been raised by the following colloquy towards the close of the evidence. Defendant’s counsel, “ I desire further that we have established that we have the affirmative of the issue.” The court, “ I think not. I think the pleadings control that.”
“Exception by defendant’s counsel.”
We think that it might very well be said that this language neither constitutes a claim nor a denial of the right of either party to address…
2Cited by18 opinions
- Gold v. SerrellNew York Court of Common Pleas · 1893
- Doherty v. LordNew York Court of Common Pleas · 1894
- Frankel v. WolfNew York Court of Common Pleas · 1894
- Parrish v. Sun Printing & Publishing Ass'nAppellate Division of the Supreme Court of the State of New York · 1896
- Riley v. BlackNew York Court of Common Pleas · 1892
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