Hukill v. Page

U.S. Circuit Court for the Northern District of Illnois

Hukill v. Page

12 F. Cas. 850, 6 Biss. 183

U.S. Circuit Court for the Northern District of Illnois·Decided August 15, 1874·Published·Cited by 1 cases

Opinion

BLODGETT, District Judge.

Inasmuch as no fraud was charged, but negligence only is alleged in the declaration, the remedy should be by a bill of chancery. It is possible that an action on the case might lie against the trustees if fraud were alleged, but as plaintiff simply alleged negligence the only remedy is in equity. The •demurrer will be sustained and leave given to amend, if the plaintiff thinks he- can make a good declaration.

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BLODGETT, District Judge.

Inasmuch as no fraud was charged, but negligence only is alleged in the declaration, the remedy should be by a bill of chancery. It is possible that an action on the case might lie against the trustees if fraud were alleged, but as plaintiff simply alleged negligence the only remedy is in equity. The •demurrer will be sustained and leave given to amend, if the plaintiff thinks he- can make a good declaration.

Hukill v. Page, 12 F. Cas. 850, 6 Biss. 183 (circtndil 1874).

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Opinion

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