Bowery Bank v. Martin
New York Supreme Court
Appeal from special term, New York county. Action by the Bowery Bank of New York against Mahlon C. Martin and others, as executors of Christopher Meyer, deceased.
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Appeal from special term, New York county. Action by the Bowery Bank of New York against Mahlon C. Martin and others, as executors of Christopher Meyer, deceased. The complaint alleged that said Christopher Meyer, Henry S. Ives, and George H. Stayner had been copartners under the firm name of Henry S. Ives & Co., and that said Ives and Stayner, the surviving partners, were utterly insolvent and unable to pay their debts; and it set forth two promissory notes made by the firm, and alleged that a certain sum of money was due to plaintiff on each of said notes, and demanded judgment for the…
1Per curiam
In this action the complaint demands judgment for a sum money only. case of Glenn v. Lancaster, 109 N. Y. 641, 16 N. H. Rep. 484, the court state that section 968 provides that every issue of *74•fact must be tried by a jury unless a jury trial is waived, or a reference directed, “in an action in which the complaint demands judgment for a sum of money only.”1 We know of no exception that can be ingrafted upon this provision. While, in equity actions, relief may sometimes be granted by judgments for money only, yet, where that is the only relief demanded, and no other relief sought, the case is…
2Cases cited1 opinion
- Glenn v. . LancasterNew York Court of Appeals · 1888