Moore v. Metropolitan National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant, The Metropolitan Bank, entered upon an order dismissing the complaint as to it, upon trial of issues of fact settled herein to be tried by a jury.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant, The Metropolitan Bank, entered upon an order dismissing the complaint as to it, upon trial of issues of fact settled herein to be tried by a jury. This action was brought to restrain defendants from disposing of and to recover possession of a certificate of indebtedness of the State of New York for $10,000, issued by the new capítol commissioners under chapter 830 of the Laws of 1868. Issues were settled and directed to be tried by a jury. It appeared,…
1Opinion of the CourtGrover, J.
The judge erred in ordering a dismissal of the complaint against the bank. Such an order could not be properly made upon the trial of issues settled in an equity action before a jury. Upon that trial, a verdict upon all the issues as to all the parties should have been rendered, and the cause afterward heard by the court upon the verdict and other competent evidence produced by the parties, and the judgment should then be given by the court. (Birdsall v. Patterson, Com. of App., 51 N. Y., 43.) But a reversal of the judgment in favor of the bank upon this ground merely, will leave the real and…
2Cases cited8 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Bush v. . LathropNew York Court of Appeals · 1860
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Birdsall v. . PattersonNew York Court of Appeals · 1872
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3Cited by2 opinions
- The People v. . MondonNew York Court of Appeals · 1886
- The People v. . MondonNew York Court of Appeals · 1886