¶1The judgment should be affirmed, with costs, upon the opinion of the trial judge at special term. As to the claim made upon this appeal, that the plaintiffs should have had at least a personal judgment against Patrick McCann, for the reason that the latter waived a trial by jury, it should be said that the case contains no evidence of any such waiver.
13 N.Y.S. 424
Adams v. McCann
The Superior Court of the City of New York and Buffalo
Decided January 5, 1891
The Superior Court of the City of New York and Buffalo · decided 1891-01-05
Action by Samuel Adams and John Flanigan against Patrick McCann, Maria McCann, and the Garfield National Bank. Plaintiffs and Patrick Mc-Cann had been partners, and the latter had transferred to plaintiffs all his interest in the firm, including money deposited in bank in his name, for part of which he had previously given to his wife, the defendant Maria McCann, a check on the bank.
Decided 1891-01-05