125 F. 830

ALEXANDER v. MASON.

(Circuit Court, S. D. New York.

October 28, 1903.)

1. Accounting!—Equity Jurisdiction—Adequate Remedy at Law.

A suit in equity for an accounting, not growing out of a trust relation, cannot be maintained unless tbe bill discloses such a complexity in the account as to render the remedy at law unduly burdensome and embarrassing.

Simpson, Thatcher, Barnum & Bartlett, for demurrer.

John S. Wise, in opposition.

*831WALLACE, Circuit Judge.

I am unable to discover any such complexity in the nature of the accounting sought for in the bill as justifies a resort to equity. Jurisdiction in this class of cases depends upon the inadequacy of the common-law remedy, and it is quite impracticable to lay down any hard and fast rule by which to determine in an action for an accounting not growing out of a trust relation whether the remedy at equity is more convenient than the remedy at law. Unless the bill discloses enough complexity to render the accounting in a court of law unduly burdensome and embarrassing, the court should refuse to take jurisdiction.

Demurrer sustained, without costs.

Alexander v. Mason
125 F. 830

Case Details

Name
Alexander v. Mason
Decision Date
Oct 28, 1903
Citations

125 F. 830

Jurisdiction
United States

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