Brown v. Long Beach Lumber Co.

— Judgment unanimously affirmed, with costs. The record shows that the claim alleged in the counterclaim was assigned to the so-called creditors’ committee. Even if owned by the appellant, the claim does not appear to be one on contract, but were it otherwise a jury trial of the issue arising on the counterclaim could not be demanded as of right. (Manhattan Life Ins. Co. v. Hammerstein Opera Co., 184 App. Div. 440 ) Present — Young, Kapper, Hagarty, Scudder and Tompkins, JJ.