# Brown v. Long Beach Lumber Co.

> Appellate Division of the Supreme Court of the State of New York · February 15, 1930 · 228 A.D. 790

URL: https://www.frixlaw.com/law-library/cases/5311265

## Case

- **Full name:** Isaac L. Brown v. Long Beach Lumber Co., Inc., Hoban-Hunter-Feitner Company and Others, Defendants Charles R. Macaulay, as Chairman, and Charles R. Macaulay and Others, as the Creditors' Committee, etc. v. Louis McCarty, Individually, and as Trustee, and Others
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** February 15, 1930
- **Citations:** 228 A.D. 790
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5311265

## Opinion text

— 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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5311265. Public record. Not legal advice.