Morgan Guaranty Trust Co. of New York v. Crane

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that “[t]he parties to a contract may, by prior written agreement entered into knowingly and voluntarily, waive the right to a jury trial”
• noting that despite the difference in bargaining power between a bank and two individuals, the individuals were “not financial neophytes”
• finding a jury waiver provision “quite conspicuous” because, inter alia, “[i]t was written in all capital letters”
• finding a jury waiver provision “quite conspicuous” because, inter alia, “[i]t was written in all capital letters”
• finding that any difference in bargaining power between a major bank and two individuals was offset by the fact that the two individuals were not “financial neophytes,” had established relationship with the bank’s officials, and had previously negotiated changes with the bank
• “[T]he fact that the Cranes had previously negotiated changes to agreements made with Morgan further demonstrates their ability to negotiate with the bank.”

Source: CourtListener parenthetical corpus (CC0).