Daab v. New York Central & Hudson River Railroad

Stevenson, V. C.

The demurrer will be sustained.

1. The primary rights which the complainant seeks to enforce in this suit are all strictly legal rights arising from contractual obligations of the defendant, express or implied.

The courts of law of the state have full jurisdiction of every item of the complainant’s claim, and also have full jurisdiction of these items when taken together in a mass as constituting a single case for adjudication. A court of equity, on the other hand, has no jurisdiction whatever of any item of the complainant’s claim when 'taken by itself alone, but at most can…