Krueger v. Armitage

Emery, V. C.

The defendant in this case has, by his answer, objected to the complainant’s right to relief in a court of equity, praying the benefit of a demurrer, ánd the first question to be settled is whether the complainant, on the case as disclosed by the bill and proofs, presents a demand of a legal rather than an equitable nature. I intimated at the hearing my doubts as to the existence of an equitable basis of suit, and on further consideration these doubts are confirmed.

As now presented the case is substantially one where the complainant seeks a decree against the defendant solely for…