Metropolitan Life Insurance v. Standard National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Standard National Bank, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of April, 1899, upon the decision of the court rendered after a trial before the court and a jury at the New York Trial Term.
1Opinion of the Court
McLaughlin, J.:
At the opening of- the trial the plaintiff moved for a judgment upon the pleadings, which was granted, with an extra allowance of $100, and the defendant has appealed.
Two questions are-presented: First, whether, upon the complaint and answer, any issue was presented; and, second, whether the court erred in granting an extra allowance. The -complaint contained three separate causes of .action, upon two of which it^seems to have been conceded Upon the trial, as it was upon the argument before us, that the plaintiff was- entitled to recover. The third cause 'of action, which'was…
2Cases cited1 opinion
- Hawley v. . KeelerNew York Court of Appeals · 1873
3Cited by1 opinion
- Clarke v. GilmoreAppellate Division of the Supreme Court of the State of New York · 1912