36 N.Y. St. Rep. 421
The Superior Court of New York City
Decided January 5, 1891
The Superior Court of New York City · decided 1891-01-05
The following is the opinion at special term : Dugro, J.—The evidence establishes that on April 16, 1885, there was on deposit in the Garfield National Bank, to the credit of Patrick McCann, a balance exceeding $660, which had been derived from, and was an asset of, a partnership business conducted by plaintiffs and Patrick McCann prior to and until the mentioned date; that this balance was, on said date, transferred by Patrick McCann to the plaintiffs, notice of which was…
Decided 1891-01-05
¶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.
¶2Judgment affirmed, with costs.
¶3Sedgwick, Ch. J., and Freedman, J., concur. .