AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

SAMUEL LIPTON et al., Indi v. dually and as Copartners Doing Business under the Name of OVAL MANUFACTURING COMPANY, Respondents,

Plaintiffs sue to foreclose a vendor's lien on personal property sold and delivered to defendants. Defendants' answer, in addition to a general denial, contains a counterclaim alleging breach of warranty in the sale of the merchandise and praying for a money judgment of $500, paid on account of the purchase price. Defendants seasonably filed a demand for a jury trial of the issues raised by the counterclaim and moved for an order staying the trial of plaintiffs' action pending the jury trial. The motion was denied and defendants appeal. Order reversed on the law, with $10 costs and disbursements, and motion granted, without costs. Defendants are entitled to a jury trial as matter of right. ( City Bank Farmers Trust Co. v. Hartshorne, 264 App. Div. 287, and cases cited.) Hagarty, Acting P.J., Carswell, Johnston, Adel and Lewis, JJ., concur.

Use AI to get other relevant cases.

Comments

LIPTON v. MARKS
(Dec 17, 1945)