Legal Opinion
Curacao Trading Co. v. William Stake & Co.
District Court, S.D. New York
Decided December 20, 1941PublishedCited by 10 opinions
1Opinion of the Court
GODDARD, District Judge.
This is a motion to dismiss plaintiff’s complaint under Rule 12(b) (6) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for failure to state a claim upon which relief can be granted.
Nothing will be accomplished by setting forth, in detail, the allegations of the complaint, which contains sixty six paragraphs and seeks damages of $109,674.18. The complaint is a peculiar hybrid, containing suggestions of fraud and deceit as well as breach of contract, legal conclusions, and evidentiary facts.
On a motion to dismiss a complaint for insufficiency, the…
2Cases cited5 opinions
- Atwater v. North American Coal CorporationCourt of Appeals for the Second Circuit · 1940
- Kranz v. LewisAppellate Division of the Supreme Court of the State of New York · 1906
- Baird v. DassauDistrict Court, S.D. New York · 1940
- Steiner v. American Alcohol Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Swift v. Chester Carbon Co.Appellate Division of the Supreme Court of the State of New York · 1928
3Cited by10 opinions
- City of Phoenix v. MullenArizona Supreme Court · 1946
- Cahill v. Curtiss-Wright CorporationDistrict Court, W.D. Kentucky · 1944
- Chicago Title & Trust Co. v. Fox Theatres CorporationDistrict Court, S.D. New York · 1960
- Tyree v. SmithDistrict Court, E.D. Tennessee · 1968
- Curacao Trading Co. v. William Stake & Co.District Court, S.D. New York · 1945
5 more not listed; retrieve them via the Exa API.