United States Trust Co. v. Greiner

Tierney, J.:

The action against the defendant A. B. Leach & Company, Inc., is for an accounting of property that was held by the defendant Greiner in a fiduciary relationship for the plaintiff’s testator, as his agent, and transferred to A. B. Leach & Company, Inc., in disregard of the agent’s duty. That defendant sets up a defense that the plaintiff has a sufficient remedy at law. That is a good defense to an action in equity unless the cause is one of which both law and equity have concurrent jurisdiction and the plaintiff may ■elect in which tribunal to prosecute his claim. I think that is…