U.S. Circuit Court for the Nor...1874Check Treatment
BLODGETT, District Judge.
Inasmuch as no fraud was charged, but negligence only is alleged in the declaration, the remedy should be by a bill of chancery. It is possible that an action on the case might lie against the trustees if fraud were alleged, but as plaintiff simply alleged negligence the only remedy is in equity. The •demurrer will be sustained and leave given to amend, if the plaintiff thinks he- can make a good declaration.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.
