Fitzhugh v. Smith

THOMAS, Circuit Judge.

This is a suit in equity by Alex Fitz-hugh, as trustee, against a co-guafantor Henry K. Smith, for contribution and for an accounting. After a trial a decree was entered dismissing the bill of complaint for want of equity, from which plaintiff appeals. Parties will be referred to as they appeared below.

The bill of complaint, filed September 8, 1932, is in two counts, each alleging liability arising out of a different enterprise. The first count states that about 1910 Fitz-hugh, Smith, and several other persons organized an Arkansas corporation under the name of Hunter…