Intra-Mar Shipping (Cuba) S. A. v. John S. Emery & Co.

RYAN, District Judge.

Plaintiff moves; (1) to amend its complaint to allege a greater sum due and to impound this sum as increased pending the outcome of the action; (2) to strike out the answer and counterclaims on the grounds (a) that they have not been signed as required by, Fed.Rules Civ.Proc. Rule 11, 28 U.S.C.A., and (b) that some of the denials and all the affirmative defenses and counterclaims are “sham and false”; (3) to dismiss the counterclaims because defendant, a foreign corporation, comes within the prohibition of Section 218 of the New York General Corporation Law, Mc-K.…