Bellingham v. Palmer
New Jersey Court of Chancery
This bill is filed to compel the defendants to account. Bellingham engaged with the defendants to make sole and heel taps for the latter, and he was to receive a certain price per hundred each. He worked with his own servants, in his own buildings, with his own machinery. He commenced in September, 1889, and continued four years and four months. His business habit was to take an account of the week’s work on each Saturday, and deliver it to the defendants.
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This bill is filed to compel the defendants to account. Bellingham engaged with the defendants to make sole and heel taps for the latter, and he was to receive a certain price per hundred each. He worked with his own servants, in his own buildings, with his own machinery. He commenced in September, 1889, and continued four years and four months. His business habit was to take an account of the week’s work on each Saturday, and deliver it to the defendants. He has a complete account of the amount of his own work for the whole period. He was not paid in full each Saturday. By an arrangement…
1Opinion of the Court
Reed, V. C.
The question is, whether the facts are such as to warrant this court in assuming jurisdiction in this contest, and directing the defendants to account in a court of equity.
The equitable jurisdiction to compel an account rests upon three grounds — -first, the existence of a fiduciary or trust relation; second, the complicated character of the accounts; and third, the need of discovery.
No fiduciary or trust relation is exhibited in this cause, therefore the right to an account cannot be rested upon that ground. Nor is the bill one purely for'discovery.
The discovery asked is only…
2Cases cited2 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Fowle v. Lawrason'sSupreme Court of the United States · 1831
3Cited by6 opinions
- Burdick v. GrimshawNew Jersey Court of Chancery · 1933
- Kenilworth Borough v. Graceland, C., Assn.New Jersey Court of Chancery · 1938
- Whitfield v. KernNew Jersey Court of Chancery · 1936
- Onderdonk v. Presbyterian Homes of NJ, Inc.New Jersey Superior Court Appellate Division · 1979
- Hohmann v. CorkranNew Jersey Court of Chancery · 1926
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