McMullen Lumber Co. v. Strother

Citations

• 136 F. 295
• 69 C.C.A. 433
• 1905 U.S. App. LEXIS 4457

Syllabus

<p>1. Bnxs of Discovery</p> <p>While bills of discovery in the state courts are measurably discountenanced in view of the Codes authorizing the examination under deposition de bene esse of the defendant, and the compulsory production of books and papers in his possession or under his control, such Code provisions are aids to the methods of procedure in the federal courts in actions at law, but are not entire substitutes for bills of discovery and relief in equity in federal practice.</p> <p>2. Same.</p> <p>So where, under contracts for the sale and delivery of large quantities of lumber of different qualities and varying dimensions, at designated places, the vendee being a nonresident of the state from that of the place of delivery, and for his better protection against mistakes or frauds of the vendor he puts an authorized agent at the place of delivery to inspect the lumber and keep memoranda thereof, but the vendor fraudulently, with the use of intoxicating liquors, renders such agent subservient to his will, or renders the protection to the vendee unavailing, whereby the evidence of the quantity and quality of the lumber delivered is especially in the breast and keeping of the vendor, a bill of discovery will lie in a suit for accounting against the vendor.</p> <p>3. Accounting in Equity.</p> <p>Mutuality of accounts, as in ease of debits and credits between the parties, is not always essential to confer jurisdiction in equity. As such jurisdiction attaches in the instances of mutual accounts because of their intricate and. complicated character the singleness of the accounts to be rendered should come equally within the jurisdiction of equity where the requisite intricacy and complications exist.</p> <p>4. Same — The Right of Reference.</p> <p>As the federal courts are unauthorized in actions at law to refer the matter of complicated accounts to a referee, it should follow that whenever, under the state Code, such reference could properly be made, a suit in equ