Mica-Top Fixture Company, Inc. v. Frank G. Shattuck Company

Bell, Chief Judge.

1. In this action on open account against five corporate defendants, four filed motions to dismiss on the ground that the complaint "states no cause of action against” them. Each motion was supported by an affidavit of a corporate official. All the affidavits were limited to the statement that each defendant has "had no dealings whatsoever with plaintiff and is not indebted to the plaintiff for the sum sued for or in any sum whatsoever.” None of these affidavits are shown to have been made upon the personal knowledge of the affiant. At the same time the four defendants each…