Insurance Finance Corp. v. Phœnix Securities Corp.

CAVANAH, District Judge.

This case is now before the court on motion of defendants Porter and Neifert, of May 6, 1929, to dismiss plaintiff’s supplemental complaint, upon the ground that it introdnees a new cause of action and changes the character and *712object of the suit, and is of a nature not permitted.by the equity rules and practice of the court. The original complaint was filed August 21, 1928, and thereafter, on February 8, 1929, after notice to defendants, plaintiff asked permission to file supplemental complaint, and, no objection made, an order of the court was entered allowing the…