National Aniline & Chemical Co. v. Arnhold

LEARNED HAND, District Judge.

I am in much doubt whether the pleas in this case, as distinct from the counterclaims, should as of right be tried to a jury or in equity. The difficulty is that the decisions of the Supreme Court leave it questionable whether fraud is not a good legal plea to an action at law on a written instrument, even a specialty, as is the contract in suit. Insurance Co. v. Bailey, 13 Wall. 616, 20 L. Ed. 501, was the case of an insurance policy, where the defendant had as a defense that the assured had made false statements to get the policy. A bill in equity was dismissed…