Owens v. Goldie

Citations

• 213 Pa. 579
• 62 A. 1117
• 1906 Pa. LEXIS 536

Syllabus

<p>Equity — Jurisdiction—When and how question of jurisdiction, may he raised.</p> <p>The question of jurisdiction in equity may be raised at any time before findings of fact and conclusions of law, but the better practice is to meet the bill with a demurrer.</p> <p>Actions — Assumpsit—Moyiey had and received — Inability of defendant for money that he ought to have received — Equity.</p> <p>In an action for money had and received a recovery may be had for money that a defendant ought to have received, and if money due the plaintiff remains in the hands of a third party because of a scheme on the part of the defendant to defraud or delay the plaintiff, he cannot be heard to assert as a matter of defense that he has not received it. In such a case equity has no jurisdiction.</p> <p>Equity — Money had and received — Adequate remedy at law.</p> <p>The allegations in a bill in equity were that defendant assigned to plaintiff one-half interest in certain inventions, and also a one-half interest in all improvements made in connection therewith; that at the time of the assignment there was an outstanding license to a third person for the use of the inventions in consideration of certain royalties and that there had been paid to defendant on account of these royalties a fixed and specified amount which he unjustly detained; that defendant with plaintiff’s consent and with the express understanding and agreement that both were to share equally in the transaction, sold the entire interest in the letters patent for a large sum, one-half of which had been paid to defendant, the other half being retained by the vendees in consequence of a notice from the defendant that he did not recognize the right of plaintiff to a share of the purchase money and requesting them to retain it as stakeholders. Held, that the plaintiff had an adequate remedy at law and that a decree dismissing the bill should be affirmed.</p>