Luckett v. Cohen

THOMAS F. MURPHY, District Judge.

Defendant moves to dismiss this action on a promissory note for failure to state a claim upon which relief can be granted because, he argues, it fails to make two necessary allegations, (1) the consideration for the note, and (2) the foreign law upon which the complaint is based. In the alternative defendant moves to vacate a notice to take his deposition because the notice requires the production of certain books and records.

This motion points up interesting questions of federal pleading and the perplexing problems that- confront a defendant because of the…