Chapman v. . McCormick
New York Court of Appeals
Appeal from judgment of the Q-eneral Term of the City Court of Brooklyn, entered upon an order made February 7, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover an alleged balance due on certain contracts for work and materials. The facts pertaining to the questions discussed are stated in the prevailing opinion.
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Appeal from judgment of the Q-eneral Term of the City Court of Brooklyn, entered upon an order made February 7, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover an alleged balance due on certain contracts for work and materials. The facts pertaining to the questions discussed are stated in the prevailing opinion. The charge having been made, and opportunity to make requests having been offered and not availed of, the suggestion of the counsel that he wanted “the court to make some charge to the jury,” equally with the exception…
1Opinion of the CourtDanforth, J.
I cannot concur in the conclusion that the learned trial court did not err in refusing to permit counsel to ask for further instructions to the jury. It may well be that circumstances other than those noted in the appeal hook had occurred during the trial, and which, if written out, would justify this refusal; but I take the case as I find it. At the close of the testimony there was summing up by counsel, a charge to the jury, and, as the record shows, they “ having risen from their seats and about to retire in charge of an officer to deliberate , on their verdict,” the defendant’s counsel…
2Cases cited4 opinions
- Pennock v. DialogueSupreme Court of the United States · 1829
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- State v. CatlinSupreme Court of Vermont · 1831
- People v. GrayNew York Supreme Court · 1830
3Cited by18 opinions
- O'Neil v. . D.D., E.B. B.R.R. Co.New York Court of Appeals · 1891
- State v. BarryNorth Dakota Supreme Court · 1903
- O'Neil v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1891
- Tully v. DespardWest Virginia Supreme Court · 1888
- Mitchell v. . TurnerNew York Court of Appeals · 1896
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