Henry v. Travelers' Ins.
U.S. Circuit Court for the District of Colorado
In Equity. On demurrer to supplemental bill. For former reports, see 33 Fed. Rep. 132; 34 Fed. Rep. 258; 35 Fed. Rep. 15; 42 Fed. Rep. 363. The object of the original bill was to establish a contract, and for an accounting between the plaintiffs and the defendant on the basis of the alleged contract.
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In Equity. On demurrer to supplemental bill. For former reports, see 33 Fed. Rep. 132; 34 Fed. Rep. 258; 35 Fed. Rep. 15; 42 Fed. Rep. 363. The object of the original bill was to establish a contract, and for an accounting between the plaintiffs and the defendant on the basis of the alleged contract. The bill alleged, among other things, that the defendant held various notes, mortgages, bonds, and stocks as collateral security for money borrowed by the plaintiffs from the defendant, and that the defendant had given the plaintiffs notice (a copy of which was set out in the bill) that it would,…
1Opinion of the Court
Caldwell, J.,
(after stating the facts as above.) This bill sounds in damages only. It seeks to recover damages for the alleged illegal conversion of the stocks, and consequential damages resulting from the conversion. Confessedly, a court of equitj*- would have no jurisdiction of the case upon original .bill; but it is urged that a supplemental bill is but a continuation of the original case, and that equity, having jurisdiction for some purposes, will retain it for all, although some of the matters, if taken separately, would be exclusively cognizable in a court of law. Conceding this to be…
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