Legal Opinion
Mason v. American Express Co.
District Court, S.D. New York
Decided December 12, 1963PublishedCited by 1 opinion
1Opinion of the Court
WYATT, District Judge.
A separate trial was ordered by the Court, on motion of plaintiffs and without opposition by defendant, of the issues raised by the Second Defense in the answer. Fed.R.Civ.P. 42(b). These issues relate to whether the provisions of a certain circular, a ticket and a receipt delivered to plaintiffs are sufficient to absolve defendant of liability. The separate trial was ordered because if the Second Defense is sustained it is a bar to the action.
That separate trial has taken place to the Court, without a jury, by consent of the parties; all rights of the parties to a jury…
2Cases cited26 opinions
- Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
- United Mine Workers v. Coronado Coal Co.Supreme Court of the United States · 1922
- Levering & Garrigues Co. v. MorrinSupreme Court of the United States · 1933
- Great Southern Fire Proof Hotel Company v. JonesSupreme Court of the United States · 1899
- Chapman v. BarneySupreme Court of the United States · 1889
21 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Florence W. Mason and Willard M. Mason v. American Express Company and Howard L. Clark, as President of American Express CompanyCourt of Appeals for the Second Circuit · 1964