Manhattan Life Insurance v. Hammerstein Opera Co.
New York Supreme Court
Motion to frame for a jury trial the issues raised by the defendant Hammerstein Opera Company’s counterclaim and the reply thereto by the plaintiff.
1Opinion of the CourtGiegerich, J.
The defendant Hammerstein Opera Company moves for an order to frame for a jury trial the issues raised by its counterclaim and reply thereto by the plaintiff. . The action is brought to foreclose a mortgage, and some of the material allegations of the complaint are denied, and in addition the answer contains counterclaims which would have been triable as a matter of right by a jury, if brought as actions by the said defendant against the plaintiff. But this fact does not, as of right, entitle the defendant so counterclaiming to have a jury trial of the issues of his counterclaim. Mackellar v.…
2Cases cited2 opinions
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Ettlinger v. Trustees of Sailors' Snug HarborAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Manhattan Life Insurance v. Hammerstein Opera Co.Appellate Division of the Supreme Court of the State of New York · 1918