Jewell v. Exchange National Bank

Appellate Division of the Supreme Court of New York

Jewell v. Exchange National Bank

263 A.D. 1053, 34 N.Y.S.2d 354, 1942 N.Y. App. Div. LEXIS 8003

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

DecidedMarch 11, 1942

StatusPublished

This text of 263 A.D. 1053 (Jewell v. Exchange National Bank) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jewell v. Exchange National Bank, 263 A.D. 1053, 34 N.Y.S.2d 354, 1942 N.Y. App. Div. LEXIS 8003 (N.Y. Ct. App. 1942).

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Opinion

Order affirmed, with ten dollars costs and disbursements. Memorandum: Appellant is correct in his contention that he did not waive a jury trial, either by the form of action which he brought or by delay in demanding a jury trial; but we hold that he is not entitled to a jury trial as a matter of right (Wurster v. Armfield, 98 App. Div. 298; Matter of Blewitt, 138 N. Y. 148), and that the Special Term did not abuse its discretion in refusing a jury trial. All concur. (The order denies a motion for a trial by jury in an action to set aside a deed or instrument of trust made by the incompetent about five years prior to his adjudication as an incompetent.) Present — Crosby, P. J., Cunningham, Taylor, Harris and McCurn, JJ.

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Order affirmed, with ten dollars costs and disbursements. Memorandum: Appellant is correct in his contention that he did not waive a jury trial, either by the form of action which he brought or by delay in demanding a jury trial; but we hold that he is not entitled to a jury trial as a matter of right (Wurster v. Armfield, 98 App. Div. 298; Matter of Blewitt, 138 N. Y. 148), and that the Special Term did not abuse its discretion in refusing a jury trial. All concur. (The order denies a motion for a trial by jury in an action to set aside a deed or instrument of trust made by the incompetent about five years prior to his adjudication as an incompetent.) Present — Crosby, P. J., Cunningham, Taylor, Harris and McCurn, JJ.

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Bluebook (online)

263 A.D. 1053, 34 N.Y.S.2d 354, 1942 N.Y. App. Div. LEXIS 8003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jewell-v-exchange-national-bank-nyappdiv-1942.

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