Manhattan Life Insurance v. Hammerstein Opera Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hammerstein Opera Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of February, 1918, upon the decision of the court after a trial at the New York Special Term, with notice of an intention to bring up for review an order entered in said clerk’s office on the 5th day of December, 1917, denying defendant’s motion for a jury trial of the issues raised by…
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Appeal by the defendant, Hammerstein Opera Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of February, 1918, upon the decision of the court after a trial at the New York Special Term, with notice of an intention to bring up for review an order entered in said clerk’s office on the 5th day of December, 1917, denying defendant’s motion for a jury trial of the issues raised by its counterclaim. The judgment appealed from decreed foreclosure of a mortgage and the sale of the mortgaged property.
1Opinion of the Court
Page, J.:
The sole question presented on this appeal relates to the order denying defendant’s motion for a jury trial of the issues raised by the counterclaims and the reply, in an equity action for foreclosure of a mortgage, a lien upon real estate. The learned justice at Special Term denied the motion for the reason that the motion was not made within twenty days of the joinder of issue, as required by rule 31 of the General Rules of Practice. (101 Misc. Rep. 608.) The appellant claims that this rule has been declared unconstitutional, and that, his counterclaim stating causes of action at…
2Cases cited4 opinions
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Moot v. . MootNew York Court of Appeals · 1915
- Teeter v. DanielAppellate Division of the Supreme Court of the State of New York · 1914
- Manhattan Life Insurance v. Hammerstein Opera Co.New York Supreme Court · 1917
3Cited by11 opinions
- Young v. VailNew Mexico Supreme Court · 1924
- Phoenix Mutual Life Insurance v. ConwayNew York Court of Appeals · 1962
- In re the Estate of LearyNew York Surrogate's Court · 1940
- S. Klein, Inc. v. New Deal Building Corp.New York Supreme Court · 1939
- Feldman v. SturmAppellate Division of the Supreme Court of the State of New York · 1951
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