Majority
p. 790Isaac L. Brown, Respondent, v. Long Beach Lumber Co., Inc., Appellant. Hoban-Hunter-Feitner Company and Others, Defendants. Charles R. Macaulay, as Chairman, and Charles R. Macaulay and Others, as the Creditors’ Committee, etc., Plaintiffs, v. Louis McCarty, Individually, and as Trustee, and Others, Defendants. (Appeal No. 2.)
— 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.