Merchants' National Bank v. Tracy
New York Supreme Court
Appeal by the plaintiff, The Merchants’ National Bank of Binghamton, N. Y., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Broome on the 20th day of March, 1893, upon the decision of the court, rendered after a trial at the Broome Circuit, dismissing the plaintiff’s complaint upon the merits.
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Appeal by the plaintiff, The Merchants’ National Bank of Binghamton, N. Y., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Broome on the 20th day of March, 1893, upon the decision of the court, rendered after a trial at the Broome Circuit, dismissing the plaintiff’s complaint upon the merits. The trial commenced May 23, 1892, in the Circuit Court before a jury, and-continued until the twenty-eighth of May, when a jury trial was waived by both parties, and by their consent the following questions were submitted to the jury,…
1Opinion of the Court
Hardin, P. J.:
Although.the trial of this action was commenced before a jury,, and the jury passed on the several questions submitted to them, and their further services in the case were waived by consent of both. *449parties to the action, and further findings' of fact were made by the court, it must be assumed there was not a mistrial. A somewhat similar course was adopted in Carr v. Carr (52 N. Y. 252), and in the course of the opinion delivered in that case, which was decided by the court after the findings made by the jury, it was said: “ It was in substance* then, a trial by the court…
2Cases cited10 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Holden v. . New York and Erie BankNew York Court of Appeals · 1878
- Lee v. . the Village of Sandy HillNew York Court of Appeals · 1869
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