Sherman v. Delaware & Atlantic Telegraph & Telephone Co.

Citations

• 36 Pa. Super. 487
• 1908 Pa. Super. LEXIS 194

Syllabus

<p>Equity — Equity jurisdiction — Discovery—Action at law — Demurrer— Fraud.</p> <p>A complainant in a bill in equity who was a defendant in an action at law has no standing to maintain a bill for discovery only, where it appears that he voluntarily, and to protect his interest terminated the action at law by paying the debt, interest and costs; nor is such a complainant entitled to a decree consolidating the action at law with the bill.</p> <p>Where a defendant in an action at law in order to protect his leasehold estate pays the debt, interest and costs, and does this voluntarily, and without having been subjected to fraud or duress, he cannot maintain a bill in equity to recover back the money.</p> <p>A general allegation of fraud in a bill in equity is insufficient, even upon demurrer, if the facts and circumstances relied upon to support the allegation do not constitute a fraud.</p> <p>A bill in equity by a tenant, which contains no allegation of facts sufficient, to establish fraud, will be dismissed, where the prayer is that the defendant be enjoined and restrained from proceeding before any justice of the peace or otherwise, to recover possession of the premises until the termination of the lease, so long as the plaintiff promptly pays when due, the rent secured thereby.</p>