Wohlfarth v. National Export Ass'n

The motion asks to have the complaint stricken out upon the ground that it does not conform to the summons, the variance alleged consisting of the' fact that in the summons the plaintiff appears as suing individually and alone, whereas in the complaint it is stated that he is suing in behalf of himself and all other stockholders of the defendant. In opposing the motion the plaintiff’s attorney cites Cochran v. American Opera Co., 20 Abb. N. C. 114; Bauer v. Platt, 72 Hun, 326, and Hilton Bridge Const. Co. v. Foster, 26 Misc. Rep. 338, as authorities that the summons is correct in its present…