Fischer v. Riehl

Supreme Court of Pennsylvania
Fischer v. Riehl, 219 Pa. 505 (Pa. 1908)
69 A. 70; 1908 Pa. LEXIS 610
Brown, Fell, Kennedy, Mestrezat, Mitchell, Potter, Stewart

Fischer v. Riehl

Opinion of the Court

Per Curiam,

The bill being by a principal against an agent for an account was prima facie cognizable in equity. As stated by the . learned judge below, the bill was “ filed to compel an accounting by the defendant, not only of the moneys collected under the power of attorney mentioned, but also of the investments named ; and it is sought in said account to have the defendant surcharged with the investments claimed to be worthless.” There was no denial of the duty to account but a dispute as to some of the items of plaintiff’s claim, and an averment of a settlement. The issue, therefore, was one calling for an account, and the fact that the substantial contest finally narrowed down to a single item did not oust the jurisdiction of equity which had attached on the face of the pleadings.

Decree affirmed.

Reference

Cited By
2 cases
Status
Published
Syllabus
Equity — Equity jurisdiction — Account—Principal and agent. A bill in equity by a principal against an agent for an account is prima facie cognizable in equity, and the jurisdiction of equity is not subsequently ousted by the fact that the substantial contest between the parties finally narrows down to a single item.