Agency of Canadian Car & Foundry Co. v. American Can Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Agency of Canadian Car & Foundry Company Limited, and the Recording & Computing Machines Company, against the American Can Company. Decree for complainants, and defendant appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Agency of Canadian Car & Foundry Company Limited, and the Recording & Computing Machines Company, against the American Can Company. Decree for complainants, and defendant appeals. This cause comes hero on appeal from a decree entered In the United States District Court for the Southern District of New York, on August 14, 1918. The Agency of Canadian Oar & Foundry Company, Limited, hereinafter called the “Agency Company,” is a corporation organized under the laws of the state of New…
1Opinion of the CourtRogers, Circuit Judge
(after stating the above facts). This is a suit in equity brought for the recovery of $1,500,000 with interest. The general rule of course is that, where the cause of action is for the payment of a sum of money merely, there is no reason why a court of equity should be resorted to. Raton Waterworks Co. v. Raton, 174 U. S. 360, 19 Sup. Ct. 719, 43 L. Ed. 1005. An action at law is regarded as the appropriate remedy in such cases; the remedy at law being full, adequate, and complete. The Judicial Code (Act March 3, 1911, c. 231, 36 Stat. 1163) in section 267 (Comp. St. § 1244) expressl} declares…
2Cases cited27 opinions
- Jones v. United StatesSupreme Court of the United States · 1890
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Mandeville v. WelchSupreme Court of the United States · 1820
- O'Brien v. . YoungNew York Court of Appeals · 1884
- In Re BaizSupreme Court of the United States · 1890
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