Legal Opinion · Dissent

Blumberg v. Bezozi

City of New York Municipal Court

Decided February 15, 1897Published

• Appeal, from" judgment in favor of the defendant, entered upon a verdict. .

1DissentMcCarthy, J.

I cannot concur with my associates in this case. It seems to me, without passing on the other questions raised, that the admission of evidence on the part of the defendant’s witnesses in regard to a proposed settlement which took place after the commencement of the action and while the trial was proceeding, and this against plaintiff’s objection and exception, was error.

The objection fairly and sufficiently raised the question.

If this objection was good, then it was not absolutely necessary to object to every question put thereafter, the presumption being that the judge would maintain his…

2Cases cited1 opinion

  1. People ex rel. Cramer v. MedberryNew York Supreme Court · 1896

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