Moe v. Reliance Insurance

Judgment and order reversed and new trial granted, costs to abide the event. The complaint contains two causes of action, one alleging facts appropriate for equitable relief, and the other setting forth facts appropriate to an action at law. Demand is made for both equitable and legal relief. Plaintiff had the right to set forth these two causes of action in the same complaint as they arose out of the same transaction. (Code Civ. Proc. § 484.) By bringing such an action, however, plaintiff waived his right to a jury trial. (Cogswell v. N. Y., N. H. & H. R. R. Co., 105 N. Y. 319; Carroll v.…