Lesser v. Henry
Superior Court of Pennsylvania
Appeal, No. 2, April T., 1912, by plaintiff, from decree of C. P. Warren Co., Sept. T., 1910, No. 8, on bill in equity in case of F. A. Lesser v. W. F. Henry. Bill in equity for discovery.
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Appeal, No. 2, April T., 1912, by plaintiff, from decree of C. P. Warren Co., Sept. T., 1910, No. 8, on bill in equity in case of F. A. Lesser v. W. F. Henry. Bill in equity for discovery. Before Hinckley, P. J. The plaintiff in his bill claimed that on January 2,1905, the plaintiff and defendant entered into an agreement whereby the plaintiff agreed to perform certain services for the defendant, to wit: solicit insurance business for the agency of the defendant, and the defendant agreed to pay a stipulated salary, a portion of premiums upon policies or renewals and a bonus of five per cent…
1Opinion of the Court
Opinion by
Head, J.,
It was not the purpose of the plaintiff, in filing this bill, to invoke the general jurisdiction of a court of equity to try and determine his controversy with the defendant. For that purpose he had sought the aid of a court of law and begun his action therein. From this, however, it does not follow that he may not properly go into a court of equity in an ancillary proceeding, the object of which is to aid the law court in the disposition of the action therein pending. Indeed, such is the very nature of a bill for discovery, as will clearly appear from the following…
2Cases cited2 opinions
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