61 N.J. Eq. 110 | New York Court of Chancery | 1900
(after statement of issues).
Complainant’s right of action, as disclosed by the bill and proofs, is a purely.legal right, and in a court of law depends for its establishment upon complainant’s proving three things—first, defendant’s contract to compensate him, according to the value of his work, if he secured business for defendant; second, that he secured or assisted in securing the business of the Kentucky company, and Hik’d, that this business was valuable to the defendant. Sufficient proof- of all of these three facts would be necessarjr to maintain his case at law. Defendant’s plea does not reach to a denial of the whole of complainant’s legal case, but to two of the facts or parts which constitute this case, viz., a denial that complainant secured the contract and that the contract was profitable. Both of these issues will be issues in the action at law to be brought. Had the plea been set down for hearing, my present view is that it must have been overruled, and mainly for the reason that the plea sets up as a bar to the discovery, in aid of the action at law, a denial which is a denial of
In the present case the defendant has wholly failed to establish the allegation of its plea that the business transferred was not valuable, or to offer any proofs upon that subject. This is a material fact, solely within its knowledge, and having chosen to tender this issue in the plea, it was bound to sustain it as well as the other issue tendered, and its failure to do so will not be remedied by proofs upon the other allegations of the plea that the complainant did not procure the contract. This question of procuring the contract was one of the issues which should properly be tried in the action at law; the proofs which are produced upon the question are such as fairly entitle the complainant to its submission to a court of law; and the decision of this court should not be expressed thereon unless necessary for the decision upon the plea. Especially should this opinion not be expressed where the plea, if brought to a hearing, would probably have been overruled, as attempting to bring for the'adjudication by this court that which was altogether an issue of fact to be tried at law as one of the circumstances on which the plaintiffs legal action was based. Eor this reason therefore, that the defendant has failed to sustain all the material allegations of the plea, it must be overruled as false and not sustained by 'the proofs.
Two objections of defences to a decree for discovery not presented by the plea were made at the hearing—first, that the contract or agreement set up by complainant was, as appears by the proofs, not made by the company. This objection Cannot be entertained, because it is not an issue under the plea, which moreover admits the agreement. The second objection was that no decree for discovery should be granted, the courts of law, in which action is brought, being, by the later statutes, authorized to compel the necessary discovery in aid of plaintiffs action. The answer to this objection is twofold. In the first place, it is settled in this state that the statutes conferring jurisdiction for discovery upon the law courts have not had the
The defendant having failed to sustain its plea, complainant is therefore entitled to a decree upon his bill to the extent of the court’s jurisdiction. In the present case, this extends to the discovery only, for the court has not jurisdiction to decree' relief upon a purely legal claim under the general prayer for relief. The effect of adding this general prayer was to malee the bill a bill for relief as well as discovery (2 Dan. Ch. Pr. *1557), but jurisdiction to decree relief upon a purely legal claim cannot be exercised, if it is based only on the circumstance that the parties have failed to raise objections to the jurisdiction, and, so far as it is possible for the forms of pleading to effect it, have consented to the jurisdiction for relief. The complainant is entitled to the discovery sought by his bill, and an order will be advised overruling the plea as false, and directing the defendant to answer the interrogatories.