WOODBURY v. ANDREW JERGENS CO.


14 F.2d 956 (1926)

WOODBURY et al. v. ANDREW JERGENS CO.

District Court, S. D. New York.

September 22, 1926.


Attorney(s) appearing for the Case

Aron Steuer, of New York City, for plaintiff.

Keyes Winter and John C. Pemberton, both of New York City, for defendant.


THACHER, District Judge.

On defendant's motion to transfer the cause to the equity side of the court, and plaintiff's motion to require the defendant to answer the separate defense alleged in its reply to defendant's counterclaim.

The equitable defenses interposed by the answer convert this proceeding from one at law to one in equity, "with all the consequences flowing therefrom." The equitable issues, therefore, are to be first disposed of "as in a court...

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