Henry v. General Motors Corporation

BRENNAN, District Judge.

The defendant moves to dismiss the complaint herein under the provisions of Rule 12, F.R.Civ.P. In support of the motion, defendant makes two contentions — (1) that the claim set forth in the complaint did not accrue within three years before the commencement of the action and is barred by the statute of limitations and (2) that plaintiff, as the alleged principal stockholder of McDonald Acceptance Corporation, has -no claim or capacity to sue as an individual stockholder to recover the value of the assets of the said corporation .alleged to have been converted by the…