Legal Opinion

Bernheim v. Bloch

Appellate Terms of the Supreme Court of New York

Decided December 15, 1904PublishedCited by 4 opinions

Appeal by the defendant Bloch, from a judgment of the City Court of the city of Hew York, entered in favor of the plaintiffs upon a decision of the issues by a justice of said court without a jury.

1Opinion of the CourtFreedman, P. J.

The defendant having expressly admitted that there was no question of fact involved in the case and consented “that there be no jury and that your Honor may direct a verdict,” the trial justice dispensed with a jury and passed upon all the issues. This the consent “that there be no jury” fully warranted. Defendant’s present claim that the case was submitted on the theory that a verdict should be directed, is, therefore, without merit. But even if the trial justice, instead of making findings and a decision, had made a formal direction of a verdict and judgment had been entered thereon, the…

2Cases cited4 opinions

  1. Dwight v. . St. JohnNew York Court of Appeals · 1862
  2. Columbia Bank v. . BirkettNew York Court of Appeals · 1903
  3. Tyrrel v. HammersteinNew York Supreme Court · 1900
  4. Boyd v. CampbellThe Superior Court of the City of New York and Buffalo · 1895

3Cited by4 opinions

  1. J. R. Watkins Co. v. BrumfieldLouisiana Court of Appeal · 1956
  2. Heidner v. St. Paul & Tacoma Lumber Co.Washington Supreme Court · 1923
  3. Weidenfeld v. TillinghastNew York City Court · 1907
  4. Woodward v. SchaeferAppellate Terms of the Supreme Court of New York · 1904

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