Broderick v. Aaron

A motion is made by defendant Graf under rule 106 of the Rules of Civil Practice for an order dismissing the complaint on the ground that it is legally insufficient. The action was instituted by the Superintendent of Banks against the stockholders of the Bank of the United States to recover the statutory liability under section 80 of the Banking Law. The two grounds of the motion are: First, that the Superintendent has failed to set forth the ultimate facts constituting each and every claim' against the bank for the deficiency in the assets to meet which the stockholders are sought to be held…