General Investment Company, Respondent v. Inter-Borough Rapid Transit Company, Appellant

Summary

The New York Court of Appeals affirmed the summary judgment entered under Rule 113 of the Rules of Civil Practice, holding that the rule does not violate the state constitution's guarantee of a jury trial and that the legislature properly delegated rule‑making authority to the Supreme Court. The court also concluded that the plaintiff had established ownership of the promissory notes and the defendant possessed no genuine defense, justifying the summary judgment.