Magnolia Metal Co. v. Drew
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward E. Drew and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of December, 1901, denying the said defendants’ motion for an order to frame issues to be tried before a jury.
1Opinion of the Court
Ingraham, J.:
This action is brought to obtain an injunction restraining the defendants from selling and disposing of certain magnolia metal at *48a price less than that agreed to in writing and to recover the damages that the plaintiff has sustained by reason óf a violation of the agreement by the defendants. The agreement is made part of the complaint. There are two causes of action alleged. The first is one in equity, and presents no issue as to which either party is entir tied as of right to a trial by jury. Whether or not any issue presented under the first cause of action • shall be thus…
2Cited by4 opinions
- In re the Estate of DohertyNew York Surrogate's Court · 1935
- Kohlman v. BremerAppellate Division of the Supreme Court of the State of New York · 1926
- Murray v. Rubel Coal & Ice Corp.Appellate Division of the Supreme Court of the State of New York · 1931
- Wurster v. ArmfieldAppellate Division of the Supreme Court of the State of New York · 1904