Citizens' National Bank v. Wetsel
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Citizens’ National Bank of Saratoga Springs, N. Y., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 16th day of October, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Saratoga Trial Term, and also from an order entered in said clerk’s office on the 2d day of November, 1903, denying the plaintiff’s ■ motion for a new trial…
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Appeal by the plaintiff, the Citizens’ National Bank of Saratoga Springs, N. Y., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 16th day of October, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Saratoga Trial Term, and also from an order entered in said clerk’s office on the 2d day of November, 1903, denying the plaintiff’s ■ motion for a new trial made upon the minutes. On the 13th day of February, 1897, the plaintiff, a banking corporation, discounted for the…
1Opinion of the Court
Chase, J.:
Where a'person with knowledge of all the facts elects to invoke the aid of the court to enforce one of two or more coexisting, but inconsistent remedies, he is bound by his election, and is thereafter barred from resorting to the other. One cannot invoke the aid of the court in affirmance of an entire contract and at the same time or thereafter in disaffirmance thereof. The principles stated are well known and unquestionably established. Assuming that the plaintiff in bringing his action of October 24, 1899, elected irrevocably to affirm the Contract with the defendant the question…
2Cases cited5 opinions
- Crossman v. Universal Rubber Co.New York Court of Appeals · 1891
- Frey v. TorreyAppellate Division of the Supreme Court of the State of New York · 1902
- Frey v. . TorreyNew York Court of Appeals · 1903
- McGuire v. BausherAppellate Division of the Supreme Court of the State of New York · 1900
- Bussey & McLeod Stove Co. v. WilkinsAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Berkner v. RubinCity of New York Municipal Court · 1932
- Clarke v. Mercantile Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Schwartz v. JacobsCity of New York Municipal Court · 1934