London Guarantee & Accident Co. v. Doyle

Citations

• 130 F. 719
• 1904 U.S. App. LEXIS 4842

Syllabus

<p>1. Equity Jurisdiction — Suit eor Accounting — Adequate Remedy at Law.</p> <p>Complainant insured defendants, who were building contractors, against liability for injuries to their employés, or to others through the negligence of their employés, the stipulated premiums being based upon a percentage of the amount paid by defendants in wages during the term of the policies. An estimate of such amount was made at the beginning, and premiums paid thereon, the contract providing that defendants should make a statement at the end of the policy period of the actual amount in accordance with which the premium should be readjusted by a rebate or additional payment. Held, that a bill alleging that defendants refused to make such statement, fraudulently claiming that their pay rolls were no larger than estimated, did not state a cause of action for relief in a federal court of equity for a discovery and accounting, the remedy at law being adequate, in view of Rev. St. § 724 [U. S. Comp. St. 1901, p. 583], giving the right to compulsory orders for the production of books and papers.</p>