Goetz v. Manufacturers & Traders Trust Co.

Motion on behalf of the plaintiff for preference under rule VIII of the Rules of the Supreme Court, Erie county.

Motion by the defendants for an order striking this action from the calendar for causes triable by jury.

The portion of rule VIII which the plaintiff claims is applicable to this action reads as follows: “ 4. Actions to recover the purchase price of personal property sold, including agreements incident to such sale.”

The reason advanced by the defendants for striking the cause from the jury calendar is that the cause is one in equity and, therefore, not one triable by jury as a matter…