Wiggins v. Moskins Credit Clothing Store, Inc.

TIMMERMAN, Chief Judge.

I have for consideration defendant’s motion to dismiss this action upon the ground that the complaint does not state any claim upon which relief can be granted.

The complaint alleges substantially the following facts: In May, 1955, an agent of defendant made a telephone call to plaintiff’s residence, asking to speak to one of plaintiff’s tenants in reference to some debt or account claimed to be owed to defendant by such tenant. Plaintiff refused to call the tenant to the phone and asked the calling party not to call her anymore about the matter. Thereupon, the calling…