Sheldon v. Fidelity Trust & Guaranty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Erie county. Action by Emma J. Sheldon against the Fidelity Trust & Guaranty Company of Buffalo. From an order denying a motion for the framing of issues of fact for a trial by jury, plaintiff appeals. Reversed.
1Opinion of the CourtWilliams, J.
The order appealed from should be reversed, and an order submitting the two questions to the jury granted. The relief sought by the motion at special term rested largely in the sound discretion of that court. Such discretion is, however, subject to review by this court. The discretion was not wisely exercised in this instance. It is not necessary to recite in detail the allegations contained in the pleadings. The matter covered by the two questions relates to transactions with a prominent mem*66ber of the bar, and is likely to be sharply contested. It is not well to put the whole responsibility…
2Cited by2 opinions
- Wurster v. ArmfieldAppellate Division of the Supreme Court of the State of New York · 1904
- Sheldon v. Fidelity Trust & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1901