Alexander v. Mason

125 F. 830, 1903 U.S. App. LEXIS 5139

• Court: U.S. Circuit Court for the District of Southern New York
• Decided: October 28, 1903
• Status: Published

Opinion

WALLACE, 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.