Central Hanover Bank & Trust Co. v. Rabinowitz

I agree that the final order must be reversed, but I dissent from so much of the determination about to be made as directs a new trial.

The ground assigned for reversal in the prevailing opinion is that a jury trial was erroneously ordered. I find it unnecessary to decide the question whether, on general principles, the erroneous direction of a jury trial in a court of law is prejudicial to the opposing party. The right to a jury trial is ordinarily considered a privilege and its denial, in a case where a party is entitled to it, is always prejudicial error. It does not follow that the…