Appellate Division of the Supreme Court of the State of New York October 15, 1920 (McCain v. Minnerly)

Order unanimously affirmed, with costs. The case was tried and submitted to the jury on a defense of justification, not pleaded in the answer; but apparently this was done with the acquiescence of both parties, and is not, therefore, a valid ground of objection to the verdict, nor was such ground urged.