Reed v. Fairmont Creamery Co.

MUNGER, District Judge.

This appeal seeks to reverse, a decree sustaining the appellee’s motion to dismiss the appellant’s bill of complaint. The motion alleged that no cause of action was stated in the bill, and that the bill showed plaintiff’s claim to be barred by the statute of limitations and by the plaintiff’s laches.

In substance, the bill alleged that the defendant was a corporation organized in 1884 under the laws of Nebraska, with an originally authorized capital stock of $5,000, but having an authorized capital stock of $10,000,-000, when the bill was filed, and operating large…