Legal Opinion
Rockwell v. Hartford Fire Insurance
The Superior Court of New York City
Decided February 15, 1857PublishedCited by 4 opinions
Motion to set the cause down for trial on the jury calendar.
1Opinion of the CourtOakley, C. J.
—This action has been noticed to be tried before the court and a jury. The plaintiff moves (the action having been reserved generally) that a day be designated for the *180trial of it. The defendant objects that it is only a trial by the court without a jury, while the plaintiff insists that it is an action for the recovery of money only, and that the Code (§ 253) requires all issues of fact, in such an action, to be tried by a jury.
The action is brought to recover the sum of $3,000 and interest, and the only relief which the complainant prays is a judgment for that sum. The complaint alleges an…
2Cases cited2 opinions
- Perkins v. Washington InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1825
- O'Donaghue v. M'GovernNew York Supreme Court · 1840
3Cited by4 opinions
- Campbell v. American Fire Insurance Co. of PhiladelphiaWisconsin Supreme Court · 1888
- Taylor v. Phœnix Insurance Co. of HartfordWisconsin Supreme Court · 1879
- Fidelity-Phenix Fire Ins. Co. v. School Dist. No. 10Supreme Court of Oklahoma · 1921
- Springer v. Anglo-Nevada Assurance Corp.New York Supreme Court · 1890