Dinlay v. McCullagh
New York Supreme Court
Appeal from circuit court, Erie county. Action by Mary A. Dinlay, administratrix, against Johnston Mc-Cullagh, to recover a deposit made by plaintiff’s intestate in the Erie County Savings Bank in her lifetime. From a judgment on a verdict directed for plaintiff, and from an order denying a motion for a new trial, defendant appeals.
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Appeal from circuit court, Erie county. Action by Mary A. Dinlay, administratrix, against Johnston Mc-Cullagh, to recover a deposit made by plaintiff’s intestate in the Erie County Savings Bank in her lifetime. From a judgment on a verdict directed for plaintiff, and from an order denying a motion for a new trial, defendant appeals. This action was originally brought by the plaintiff against the Erie County-Savings Bank to recover a deposit made by the plaintiff’s intestate in her lifetime. The defendant claiming title to the same deposit, and demanding payment thereof from the bank, the…
1Opinion of the CourtAdams, J.
In considering the questions raised by this appeal,, it should be borne in mind that there was nothing irregular in the manner in which the learned trial justice disposed of this case at the circuit; for, although it was originally an action at law, the order interpleading the defendant transformed it into a suit in equity, and consequently neither party was entitled, as a matter of right, to a trial by jury. The court might have submitted to the jury, which, was impaneled, any or all of the traversed questions of fact, but it was under no obligation to do so, nor to adopt the conclusions of…
2Cases cited6 opinions
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Harris v. . ClarkNew York Court of Appeals · 1849
- Clark v. . MosherNew York Court of Appeals · 1887
- Stimson v. . VromanNew York Court of Appeals · 1885
- Beaver v. . BeaverNew York Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Anderson v. Red Metal Mining Co.Montana Supreme Court · 1907
- Windecker v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Wells v. Corn Exchange BankAppellate Terms of the Supreme Court of New York · 1904
- Foley v. New York Savings BankAppellate Terms of the Supreme Court of New York · 1913
- Schultz v. Teichman Engineering & Construction Co.New York Supreme Court · 1913
7 more not listed; retrieve them via the Exa API.