Day-Gormley Co. v. National City Bank of New York

AUGUSTUS N. HAND, Circuit Judge.

The complaint in this action, as amended, contained two counts. Each was dismissed at the close of plaintiff’s case and the judgment signed by the clerk recited that:

“ * * * the parties appearing by counsel and a jury trial having been waived * * * by oral stipulation in open court; and the allegations and proofs on the part of the plaintiff having been fully heard and considered, and the defendant having moved to dismiss the complaint at the end of the plaintiff’s case, and the court having delivered its finding and decision orally in open court granting the…