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Outstanding Artists, Inc. v. Kenny

Appellate Division of the Supreme Court of New York, Second Department
Jan 15, 1940
258 App. Div. 973 (N.Y. App. Div. 1940)

Opinion

January 15, 1940.

Present — Lazansky, P.J., Carswell, Johnston, Taylor and Close, JJ.


Action on contract. The appeal is from a judgment in favor of plaintiff, entered on a jury verdict. Judgment unanimously affirmed, with costs. The trial judge submitted the case to the jury on alternative issues, (a) whether appellant was the undisclosed principal in a contract made with plaintiff for a theatrical performance, or (b) whether appellant adopted and took over the contract after it was made. The verdict for plaintiff is overwhelmingly supported by the evidence on both theories, and a verdict for appellant could not have been permitted to stand. While the charge of the court may be subject to criticism, the error, if any, was harmless and must be disregarded, since appellant could not have prevailed in any event. ( Von Au v. Magenheimer, 126 N.Y. 257, 269; affd., 196 N.Y. 510; Gotham Constr. Corp. v. City of New York, 233 App. Div. 699, 700; Civ. Prac. Act, § 106.) The appellant's own testimony was most damaging.


Summaries of

Outstanding Artists, Inc. v. Kenny

Appellate Division of the Supreme Court of New York, Second Department
Jan 15, 1940
258 App. Div. 973 (N.Y. App. Div. 1940)
Case details for

Outstanding Artists, Inc. v. Kenny

Case Details

Full title:OUTSTANDING ARTISTS, INC., Respondent, v. MARIE KENNY, Appellant; ROBERT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 15, 1940

Citations

258 App. Div. 973 (N.Y. App. Div. 1940)