Benedict v. Moore

Decided Circuit Court, S. D. New York
Disposition
overruled
full scope · unanimous
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Court
Circuit Court, S. D. New York
Decided
Judge
COXE, District Judge
Posture
Defendants filed general demurrers to the bill in equity
Complainant (1)
Elias C. Benedict
John L. Hill
v.
Defendants (1)
John G. Moore et al.
Thomas Thacher
Other parties: Guaranty Trust Company — Defendant (custodian of property)

Overview

The demurrers are overruled, the defendants to answer or plead within 20 days.

Case summary

In Benedict v. Moore, the complainant Elias C. Benedict filed a bill in equity against John G. Moore and others, alleging he transferred 2,000 shares of Williamsburgh Gaslight Company stock to defendants solely to enable consolidation of Brooklyn gas companies, with shares to remain his property until exchanged for stock and bonds of the new corporation. Defendants allegedly used the shares for a different scheme, converted the property for personal gain, and refused to account or return profits. Defendants filed general demurrers challenging the bill's sufficiency. The Circuit Court for the Southern District of New York, per Judge Coxe, overruled the demurrers, holding the bill stated a cause of action for equitable relief—including declaration of trust, accounting, and injunction—as allegations showed violation of agreement, conversion, and inadequate remedy at law, regardless of redundant matter in the bill.

Abstract

Complainant transferred shares to defendants solely to facilitate consolidation of gas companies, with shares to remain his property until exchanged for new corporation's stock and bonds, but defendants allegedly used them for a different scheme, converted the property for personal gain, and refused to account or return profits. Defendants filed general demurrers challenging the bill's sufficiency, which the court overruled, holding that the bill stated a cause of action for equitable relief including declaration of trust, accounting, and injunction due to violation of agreement, conversion, and inadequate remedy at law. The demurrers were overruled, requiring defendants to answer or plead within 20 days.

Opinion of the court

Majority
opinion
COXE, District Judge
  • Bill's length and redundancy do not affect sufficiency if cause of action is stated
  • Allegations support equitable relief for trust declaration, accounting, and injunction
  • Common law provides no adequate remedy given facts alleged
  • Bill contains averments sufficient to prove cause of action

Jurisdiction

not challenged
Subject matter
Equity jurisdiction in federal circuit court
Jurisdictional facts
  • Bill in equity filed in Circuit Court, S.D. New York

Procedural posture

Posture at trial
Defendants filed general demurrers to the bill in equity
Posture on appeal
Not applicable (trial court ruling on demurrer)
Preserved issues
  • Sufficiency of bill in equity to state a cause of action

Legal categories

Business

Case record

Full case name
BENEDICT v. MOORE et al.
Court
Circuit Court, S. D. New York
Trial court judge
COXE, District Judge
Decided
Opinion author
COXE, District Judge
Opinion type
published
Precedential status
precedential
Judges on panel
COXE, District Judge

Issues & holdings

1
Issues raised
1
affirmed
1
Holdings
Standard of review

de novo

Disposition rationale

Bill alleges facts showing defendants obtained property under agreement, violated it, converted property for personal gain, and refused to account, warranting equitable relief

Preservation

Issue preserved for review

Holdings of the court

Sufficiency of bill in equity
Bill is good on general demurrer and states a cause of action for equitable relief
Allegations show defendants obtained possession of complainant's property under agreement to accomplish object, violated agreement, converted property to own use, made personal gains, and refused to return property or profits, with amount unknown, indicating no adequate remedy at law
unanimousbinding precedent

Error analysis

  • Bill fails to state cause of action sufficient to survive general demurrer — procedural · no error foundNot applicable as no error found · not applicable

Standards of review

  • Sufficiency of bill on general demurrer — de novo Court reviews legal sufficiency of allegations in bill to determine if cause of action is stated

Timeline

3
Events
320
Days, incident to ruling
—
Span
filingcited in opinion

Bill in equity filed by Elias C. Benedict against John G. Moore et al.

Outcome: Case initiated

Initiates equity proceeding seeking declaration of trust, accounting, and injunction

Elias C. Benedict · John G. Moore · Guaranty Trust Company trial court
motioncited in opinion

Defendants filed general demurrers to the bill

Outcome: Demurrers presented for ruling

Challenges legal sufficiency of bill to state cause of action

Defendants · Court trial court
rulingcited in opinion

Court overruled demurrers, holding bill sufficient to state cause of action in equity

Outcome: Demurrers overruled

Allows case to proceed; establishes bill's allegations support equitable relief

Sufficiency of bill
COXE, District Judge trial court

Facts & evidence

Key facts

8 facts
  1. Complainant owned 2,000 shares of Williamsburgh Gaslight Company stock
  2. Complainant transferred shares to individual defendants solely to enable consolidation of Brooklyn gas companies
  3. Shares were to remain complainant's property until surrendered for ratable share of stock and bonds of consolidated corporation
  4. Defendants obtained possession of shares under agreement to use them for consolidation
  5. Defendants used shares for different scheme, not the agreed consolidation
  6. Defendants declined to surrender original shares or new company stock/bonds
  7. Defendants made profits from transaction and refused to account or turn over profits
  8. Amount of profits unknown to complainant

Procedural history

3 steps
  1. Bill in equity filed
  2. Defendants filed general demurrers
  3. Court considered demurrers

Evidence in the record

Documentary
  • Bill in equity (65 paragraphs, 138 folios, 34 pages)
Challenged
  • Evidence type: Bill in equity allegations · Challenge basis: General demurrer for failure to state cause of action · Trial court ruling: admitted · Reasoning: Allegations show defendants obtained property under agreement, violated it, converted property, made gains, and refused to account, warranting equity · Challenged on appeal: false · Appellate outcome: not applicable

Objects of relevance

2,000 shares of Williamsburgh Gaslight Company stockStock and bonds of consolidated corporation

Authorities

Standards & doctrines

  • De novo review of bill sufficiency
  • Equitable relief for inadequate legal remedy

Legal principles applied

  • Bill is good on general demurrer if allegations show cause of action, regardless of superfluous content
Index terms50
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Entities and documentation
Legal actions
Action type
overruled
Target
general demurrers
Appealed from
Defendants' demurrers
Context
Court overruled demurrers, holding bill sufficient to state cause of action for equitable relief based on allegations of agreement violation, conversion, and inadequate legal remedy
Scope
full
Further instructions
Defendants to answer or plead within 20 days
Disposition vote
unanimous
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