New York Supreme Court February 15, 1899 (Delano v. Rice)

Beekman, J.

The cause of action set out in the complaint and put in issue by the defendant’s answer is a common-law one, and the issues thus raised must, therefore, be tried before a jury. The de>fendant, however, has also pleaded a counterclaim of an equitable nature, to which the plaintiff has replied, thus presenting an issue triable at Special Term.