Gee v. Pendas

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

Decided December 15, 1901

Appellate Division of the Supreme Court of the State of New York · decided 1901-12-15

Appeal by the plaintiff, Sanford E. Gee, from a judgment of the Supreme Court in favor- of the defendants, entered in the office of the clerk of the county of New York on the 21st day of May, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint.

Cited by 1 later decisions — most recently June 1928

1 district ·

Good law ✅— No negative treatment on recordhow we know

Decided 1901-12-15

View the full empirical analysis of this case →

Van Brunt, P. J. (dissenting):

¶1I dissent. There was no possible way in which - -the defendants could have compelled a jury.trial. They could not.put the case upon the calendar of the jury Trial Term, because it did not come within *569the definition of those cases which were triable by jury. The case of Thomas v. Schumacher (17 App. Div. 441) is no authority for the proposition for which it is cited. That action was tried without objection or suggestion that it was not a case for equitable consideration.

¶2Judgment reversed, new trial granted, costs to appellant to abide event.