Merchants' National Bank v. Tracy
New York Supreme Court
Appeal from circuit court, Broome county. Action by the Merchants’ National Bank of Binghamton against Benjamin F. Tracy and Frank B. Tracy. From a judgment dismissing the complaint on the merits, plaintiff appeals.
1Opinion of the CourtHardin, P. J.
Although the trial of this action was- commenced before a jury, and the jury found on the several questions submitted to them, and their further services in the case were waived by consent of both parties to the action, and further findings of fact were made by the court, it must be assumed there was not a mistrial. A somewhat similar course was adopted in Carr v. Carr, 52 N. Y. 252, and in the course of the opinion delivered in that case, which was decided by the court after the findings made by the jury, it was said: “It was, in substance, then, a trial by the' court without a jury, and a…
2Cases cited12 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- Holden v. . New York and Erie BankNew York Court of Appeals · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gates v. RaymondWisconsin Supreme Court · 1900
- Tracy v. DolanAppellate Division of the Supreme Court of the State of New York · 1900
- Martin v. Gotham National BankNew York Supreme Court · 1925