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125 F. 830

Alexander v. Mason

United States Circuit Court for the Southern District of New York · decided 1903-10-28

<p>1. Accounting!—Equity Jurisdiction—Adequate Remedy at Law.</p> <p>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.</p>

2 counsel of record

Decided 1903-10-28

¶11. Accounting!—Equity Jurisdiction—Adequate Remedy at Law.

¶2A 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.

¶3Simpson, Thatcher, Barnum & Bartlett, for demurrer.

¶4John S. Wise, in opposition.

¶5*831WALLACE, Circuit Judge.

¶6I 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.

¶7Demurrer sustained, without costs.

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