American Creosote Works, Ltd. v. O. Lembcke & Co.

Citations

• 165 F. 809
• 1908 U.S. App. LEXIS 5421

Syllabus

<p>1. Courts (§ 042*) — Federal Courts — Causes of Action — Joinder—Legat. and Equitable Actions..</p> <p>The distinctions between actions at law and snits in equity in the ’federal courts being maintained, an action al law for damages for breach of contract cannot be .joined with a suit in equity, which is incidental merely to the collection or enforcement of the judgment on the legal demand.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 468 342.*] Dec. Dig. 8</p> <p>2. Equity (§ Gil*) — .Jurisdiction—Legal Relief.</p> <p>Where equity takes or exercises cognizance of a case because equitable relief is solely appropriate to the main issue or cause of complainant, it will retain jurisdiction and take an account of damages growing out; of or flowing from the wrong which is tlie basis of such equitable relief.</p> <p>[Ed. Note. — For other cases, see Equity, Cent. Dig. 8 110: Dee. Dig. § 3i).*J</p> <p>3. Jury (§ 13*) — Right to Jury Trial — Regal and Equitable Relief.</p> <p>A defendant entitled to a jury trial in an action for breach of contract cannot be deprived thereof by iilaintifi’s uniting it with a demand for equitable relief incidental to the collection of his judgment on the legal demand.</p> <p>[Ed. Note. — For other cases, see Jury, Cent. Dig. § 52; Dee. Dig. § 13.*</p> <p>Right to trial by jury in federal court, see notes to O’Connell v. Reed, 5 O. C. A. 003; Vany v. Peirce, 20 C. C. A. 528.]</p> <p>4. Fraudulent Conveyances (§ 237*) — Fraudulent Corporation — Remedies.</p> <p>Whore complainant having a claim for breach of contract against a corporation believed that defendant was about to transfer, or had transferred, its assets to a new corporation for the purpose of defeating complainant’s recovery, complainant’s remedy ivas to sue at law and recover his damages and then ask the interposition of equity to prevent the dissipation and concealment of the property of the corporation liable in damages.</p> <p>[Ed. Note. — For other cases, see