16 Fla. 733 | Fla. | 1878
delivered the opinion of the court.
This cause was heard by the Chancellor upon the pleadings and proofs, and the court found that the complainant is not entitled to recover anything of the defendant; that ■he'has received from the estate of William Bailey, the testator named in this cause, at least full compensation for all services rendered by him to the said estate, as shown by the ■evidence, and thereupon decreed that the complainant’s bill be dismissed with costs.
We have examined the record and considered the authorities refered to, and must express our regret that the parties •have been at such labor and ‘expense as they have subjected •themselves to in this case without a practical result.
There is nothing in the case to show that the-complainant may not have a plain and adequate remedy at law to recover the demands set up in the bill, by an action for money had and received, in which the respective causes of action and defence may be submitted to a jury, winch is the proper tribunal to determine them.
The claim is, that Hawkins, one of the executors, has received out of the estate of Bailey, deceased, certain sums of
It must be such an account as cannot be taken justly and fairly in a court of law. Ib.; see also Story’s Eq. PL, §§473-479, and authorities ; 1 Daniel’s'Ch. Pl. & Pr., 3 Am. Ed., 575, n. 1.
Ogle vs. Haddock’s adm’r, 1 Vesey, 162, was a bill for an account and division of prize money. The Lord Chancellor says, “ There is no ground to come here for an account, the sum being.certain, and, therefore, no necessity to-decree for the plaintiff if his right was stronger being a mere legal right which should be recovered at law.”
In Phillips vs. Phillips, 9 Hare, 471, the Vice-Chancellor says : “ I take the rule to be that a bill of this nature will
only lie where it relates to that which is the subject of a mutual account, and I understand a mutual account to mean? not merely where one of two parties has received money and paid it on account of the other, but where each of two persons had received money and paid it on the other’s account. * * Where -one party has merely received and paid mon
But it is unnecessary to cite further authorities; the question is entirely settled by the courts in England and in this country, and it is only necessary to refer-further to sections 457 to 459 of the late edition of Story’s Eq.' Jur., and to Daniel’s Ch. PL & Pr., (3 Am. Ed.,) 575 and notes.
The decree (without reference to the conclusions of the court upon the facts) dismissing the complainant’s bill is affirmed, without prejudice to his right of action at law.