Clark v. . Mosher
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department made November 16, 1886, which reversed an order of Special Term denying a motion on the part of the plaintiff to set aside a judgment herein and the findings and conclusions of law of the trial court on which the judgment was rendered, and which set aside said judgment, findings and conclusions.
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Appeal from order of the General Term of the Supreme Court in the third judicial department made November 16, 1886, which reversed an order of Special Term denying a motion on the part of the plaintiff to set aside a judgment herein and the findings and conclusions of law of the trial court on which the judgment was rendered, and which set aside said judgment, findings and conclusions. Plaintiff brought this action originally against the Phoenix Mutual Life Insurance Company upon a policy of life insurance issued by that company. The defendant, upon an affidavit showing that one Mosher…
1Opinion of the CourtRapallo, J.
If the counsel for the defendant was right in the position which he took, at the Circuit, that this was an equity case triable by the court, the practice adopted by the trial judge in empanelling a jury and submitting to it a single question of fact, to be answered in the affirmative or negative, was correct. The judge was also right in holding that he had the power to disregard the finding of the jury on the question thus submitted, and to find the fact the contrary way; and the judgment for the defendant entered pursuant to his findings and conclusions was regular. (Carroll v. Deimel, 95 N.…
2Cases cited1 opinion
- Carroll v. . DeimelNew York Court of Appeals · 1884
3Cited by53 opinions
- Philippine Sugar Estates Development Co. v. Government of the Philippine IslandsSupreme Court of the United States · 1918
- McDonald v. McDonaldSupreme Court of Alabama · 1924
- Union Mutual Life Insurance v. BroderickCalifornia Supreme Court · 1925
- St. Nicholas Church v. KroppSupreme Court of Minnesota · 1916
- Bata v. HillCourt of Chancery of Delaware · 1958
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