FLAGLER v. SPELLMAN

No. 27.

15 F.2d 292 (1926)

FLAGLER v. SPELLMAN.

Circuit Court of Appeals, Second Circuit.

November 1, 1926.


Attorney(s) appearing for the Case

Charles A. Boston and Merle I. St. John, both of New York City, for appellant.

Max Levy, of New York City, for appellee.

Before HOUGH, MANTON, and HAND, Circuit Judges.


HAND, Circuit Judge (after stating the facts as above).

The case seems to us in narrow compass, and most of the questions argued at the bar we do not find it necessary to discuss. The first question is of the equity of the bill, which can lie, if at all, only as a bill quia timet. Plainly the plaintiff may not have a decree establishing in this suit her defense at law to an action for services rendered under the contract. At common law there could indeed be no bill...

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