State v. Foster Wheeler Corp.

The defendants, Foster Wheeler Corporation and Commercial Trust Company, executor under the will of Orray E. Thurber, deceased, assert that the amended bill filed in the present cause is deficient in alleging an equitable cause of action against either of them, and they insist that they should not be obliged to answer.

In resisting motions of this character, frequently, as here, affidavits are presented on behalf of the complainant verifying and indeed amplifying and supplementing the factual charges of the bill. Where the motion rests upon the ground that the bill fails to state a cause of…