Clements v. W. S. Cooper Co.
New York Supreme Court
Action by Earl W. Clements against the W. S. Cooper Company. On demurrer to plaintiff’s complaint.
1Opinion of the CourtPound, J.
This is an action to compel an accounting between contractor and subcontractor on a canal contract with the state of New York and for'judgment for the amount found due thereon and for general relief. Defendant demurs to the complaint on the ground that no cause of action for an accounting in equity is pleaded and the facts stated do not constitute a cause of action at law.
[1] To give jurisdiction to a court of equity, there must be something in addition to the necessity to take an account to ascertain the amount due on the contract. It must appear that there is some trust or fiduciary…
2Cases cited12 opinions
- Smith v. . BodineNew York Court of Appeals · 1878
- Black v. VanderbiltAppellate Division of the Supreme Court of the State of New York · 1902
- Moore v. CoyneAppellate Division of the Supreme Court of the State of New York · 1906
- Wisner v. Consolidated Fruit Jar Co.Appellate Division of the Supreme Court of the State of New York · 1898
- McCullough v. PenceNew York Supreme Court · 1895
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3Cited by2 opinions
- Burress v. MontgomerySupreme Court of Georgia · 1918
- Sloane v. United Feature Syndicate, Inc.City of New York Municipal Court · 1929