Martindale v. Evans
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Joseph B. Martindale and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 23d day of April, 1920, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 20th day of May, 1920, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Page, J.:
The presence of the jury upon the trial was waived, and it was stipulated that the case be tried before the judge, and that he direct a verdict with the same force and effect as if a jury were present. The facts of the case were almost entirely stipulated, and from them it appears that the defendant was the son of William T. Evans, who was the treasurer of Mills & Gibb; that the plaintiffs were receivers of the corporation of Mills & Gibb; that on November 1, 1910, defendant drew a draft on Mills & Gibb to the order of George W. Jenkins for $5,400; that on the same day another draft…
2Cases cited3 opinions
- Martindale v. DeKayNew York Supreme Court · 1917
- Martindale v. De KayAppellate Division of the Supreme Court of the State of New York · 1917
- Martindale v. De KayNew York Court of Appeals · 1918