Legal Opinion

Irving National Bank v. Moynihan

Appellate Division of the Supreme Court of the State of New York

Decided January 9, 1903Published

Appeal from special term, New York county. Suit by the Irving National Bank against Daniel C. Moynihan and others. From an order denying a motion to vacate and set aside a decision in favor of defendant Daniel C. Moynihan, plaintiff appeals. Affirmed.

1Opinion of the CourtIngraham, J.

The action was tried at a special term of the supreme court in this district on December 10, 1901, presided over by Mr. Justice Davy, a justice of the supreme court in the Seventh judicial district. After the trial was concluded, by direction of the court, and by stipulation between counsel, the time for the submission of the briefs was extended to January 18, 1902, upon which day all papers in the case were to be sent by express to the justice presiding. Upon the 30th day of December, 1901, the governor, in pursuance of section 2 of article 6 of the constitution, temporarily designated Mr.…

2Cases cited2 opinions

  1. Matter of Mayor, Etc., of New YorkNew York Court of Appeals · 1893
  2. In re MayorNew York Supreme Court · 1893

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