Merchants Fire Assurance Corp. v. Watson

The court erred in ruling that the action is one of equity, and in denying appellant's demand for a trial by jury.

Conceding, for the purpose of argument, that respondent's supplemental complaint was sufficient to set up an accord and satisfaction, then the matters set forth in respondent's original complaint were concluded. The alleged facts set forth in the supplemental complaint state an entirely new cause of action. This new action is not an action for the foreclosure of a lien. It is not an action in equity, and appellant was entitled to a jury trial.

"Whether there is or is not evidence…