Franklin v. Tucker

Appellate Division of the Supreme Court of New York

Franklin v. Tucker

277 A.D.2d 1089

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 9, 1950

StatusPublished

This text of 277 A.D.2d 1089 (Franklin v. Tucker) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Franklin v. Tucker, 277 A.D.2d 1089 (N.Y. Ct. App. 1950).

Pincite

Opinion

Judgment and order affirmed, with costs. Memorandum: We have not overlooked defendant’s request to charge upon the subject of an alleged offer to compromise, and his exception to the charge as made. Since the evidence upon that subject was received without objection on the part of the defendant, we have concluded that, if there was error, it was not prejudicial to the defendant. All concur. (Appeal from a judgment for plaintiff in an action for breach of contract and negligence in repair work. The order denies a motion for a new trial.) Present — Taylor, P. J., McCum, Vaughan, Kimball and Piper, JJ.

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Judgment and order affirmed, with costs. Memorandum: We have not overlooked defendant’s request to charge upon the subject of an alleged offer to compromise, and his exception to the charge as made. Since the evidence upon that subject was received without objection on the part of the defendant, we have concluded that, if there was error, it was not prejudicial to the defendant. All concur. (Appeal from a judgment for plaintiff in an action for breach of contract and negligence in repair work. The order denies a motion for a new trial.) Present — Taylor, P. J., McCum, Vaughan, Kimball and Piper, JJ.

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Bluebook (online)

277 A.D.2d 1089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-v-tucker-nyappdiv-1950.