Shingleur v. Jenkins

Citations

• 111 F. 452
• 1901 U.S. App. LEXIS 4978

Syllabus

<p>Equity—Indispensable Parties.</p> <p>To a suit to require defendant to account for the proceeds of drafts drawn by one alleged to have been acting as complainant’s agent, which the bill charges defendant with having received through a conspiracy between himself and the agent to appropriate the profits of the agency, or as trustee in invitum, because of his having intermeddled with the business of the agency by receiving the proceeds of such drafts, the agent is a necessary and indispensable party, without whose presence a federal court of equity, cannot entertain the suit and undertake to determine the rights of the parties, although such agent is not within the district, and cannot be brought in.</p>