Frietas and Others v Dos Santos and Others
| Jurisdiction | England & Wales |
| Judgment Date | 18 July 1827 |
| Date | 18 July 1827 |
| Court | Exchequer |
English Reports Citation: 148 E.R. 800
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
Applied, Grenville-Murray v. Earl of Clarendon, 1869, L. R. 9 Eq. 11 Referred to, Vanner v. Frost, 1870, 39 L. J. (Ch.) 626.
frietas and! others . Dos santos and others. Equit. Exch. July 18th, 1827.-An action at law being brought, to recover the produce of some foreign specie, remitted by a merchant abroad to an agent in London, the agent filed his bill, alleging generally, that there were mutual dealings and transactions between the parties, and praying that an account might be taken of them, and for an injunction ; a demurrer was allowed. [Applied, Grenville-Murray v. Earl of Clarendon, 1869, L. R. 9 Eq. 11. Referred to, Fanner v. Frost, 1870, 39 L. J. (Ch.) 626.] The bill, in this case, was h'led by persons to whom a large sum in foreign specie had been remitted, for the purpose of being converted into English money, against the perisons by wliom the specie had been remitted, for an injunction to restrain them frohi proceeding in an action, brought by them, for the recovery of the produce of the specie. The bill suggested, in general terms, that, in the year 181.'!, the plaintiff's had frequently been employed as agents to the defendants, who resided abroad ; and that they had various dealings and transactions, and that mutual accounts subsisted between them ; and, in particular, that, at a period stated in the bill, the defendant remitted (a) Garrow, B., was absent from indisposition. iy.fcJ.5T3. PRIETAS V. DOS SANTOS 801 the specie in question. The bill prayed an account of the transactions, and an injunction. To this bill the defendant put in a general demurrer. Bickersteth, and Richards, G-., in support of the demurrer. It has been .settled, ttat a demurrer, which is good to the relief, is good to the discovery. Here it is clearly good to the relief; for there is no pretext for saying [575] in this case, that tie accounts can be taken better in equity than at law, a distinction made in Willings v. Cooper, cited in Lord Courteney v. Godschall (9 Ves. 473). Dinwiddie v. liailey (6 Ves. 136), is precisely in point. There the Lord Chancellor decided, that the demurrer would hold; and said, that if he were to sustain the bill, there would be no dealing with a broker without a bill being filed. The mere allegations of mutual accounts will not be sufficient to support the bill. It will be found, that the action is not...
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