Thomas v. Bourdes

By this appeal, plaintiff seeks to reverse an order sustaining defendants’ motion to dismiss plaintiff’s complaint under section 48 (f) of the Civil Practice Act.

Plaintiff filed his bill in chancery on October 7,1942, alleging,, in substance, that he was the holder of a beneficial certificate issued by the National Paper Napkin Company, a common law trust, hereinafter called “trust”; that in March 1929, the trustees of the trust committed a fraud upon the trust and its beneficiaries by transferring the trust assets to a corporation, organized by the trustees, known as the National Paper…