Legal Opinion
Fitzpatrick v. Sun Life Assur. Co. of Canada
District Court, D. New Jersey
Decided May 21, 1941No. 464PublishedCited by 22 opinions
1Opinion of the Court
SMITH, District Judge.
A motion is made by the defendant to strike a demand for trial by jury filed by the plaintiffs, pursuant to and in accordance with the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, Rule 38., The only question presented for determination is whether or not the plaintiffs are Entitled to a trial by jury as of right.
*715The action arises out of contract and is brought by the plaintiffs, as executors of the estate of Ida Moody Palmer, deceased. The complaint, as it now stands, consists of two counts, the first and third, the second having been previously stricken…
2Cases cited27 opinions
- National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
- Dimick v. SchiedtSupreme Court of the United States · 1935
- Deckert v. Independence Shares Corp.Supreme Court of the United States · 1940
- Enelow v. New York Life InsuranceSupreme Court of the United States · 1935
- Buzard v. HoustonSupreme Court of the United States · 1886
22 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Bruckman v. HollzerCourt of Appeals for the Ninth Circuit · 1946
- Coca-Cola Co. v. Dixi-Cola Laboratories, Inc.Court of Appeals for the Fourth Circuit · 1946
- Byram v. VaughnDistrict Court, District of Columbia · 1946
- New Hampshire Fire Insurance v. PerkinsDistrict Court, D. Delaware · 1961
- Van Alen v. Aluminum Co. of AmericaDistrict Court, S.D. New York · 1942
17 more not listed; retrieve them via the Exa API.