Legal Opinion
Bergman v. Scottish Union & National Insurance
New York Court of Appeals
Decided April 17, 1934PublishedCited by 6 opinions
1Opinion of the CourtCrane, J.
As there is some misunderstanding apparently regarding the meaning of section 459 of the Civil Practice Act, and some confusion in its application, we set forth the section in full in order to analyze its provisions:
“ § 459. General and special verdict and special findings. In an action to recover a sum of money only, or real property, or a chattel, the jury may render a general or special verdict, in its discretion. In any other action, except where one or more specific questions of fact stated under the direction of the court are tried by a jury, the court may direct the jury to find a…
2Cases cited7 opinions
- Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
- Smith v. Western Pacific Railway Co.New York Court of Appeals · 1911
- Hoey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Jones v. . Brooklyn Life Ins. Co.New York Court of Appeals · 1874
- Greenpoint National Bank v. GilbertNew York Court of Appeals · 1923
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Schill v. Remington Putnam Book Co.Court of Appeals of Maryland · 1941
- Brown v. Steamship Terminal Operating Corp.New York Court of Appeals · 1935
- Kennard v. Welded Tank & Construction Co.New York Court of Appeals · 1969
- Kennard v. Housing Associates, Inc.New York Supreme Court · 1961
- Coulter v. PomeroyAppellate Division of the Supreme Court of the State of New York · 1942
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