Legal Opinion
Commander-Larabee Milling Co. v. Manufacturers & Traders Trust Co.
District Court, W.D. New York
Decided June 12, 1945No. Civil Action No. 2139PublishedCited by 4 opinions
1Opinion of the Court
KNIGHT, District Judge.
This action is brought to recover the amount of numerous checks properly drawn by plaintiff, but upon which the payee’s endorsement was forged. We have previously considered this matter to some extent, and on April 9, 1945, we ordered plaintiff to serve a bill of particulars. 4 F.R.D. 296.
Defendant now moves under Rules 12(b) and (f), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, on the complaint and the bill of particulars for an order dismissing and striking out that portion of the complaint seeking to charge the defendant with liability for…
2Cases cited14 opinions
- Terry v. AndersonSupreme Court of the United States · 1877
- United States Fidelity & Guaranty Co. v. United States Ex Rel. Struthers Wells Co.Supreme Court of the United States · 1908
- Neild v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
- Gilbert v. . AckermanNew York Court of Appeals · 1899
- Lamb v. Powder River Live Stock Co.Court of Appeals for the Eighth Circuit · 1904
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3Cited by4 opinions
- Union City Housing Authority v. Commonwealth Trust Co.Supreme Court of New Jersey · 1957
- Billings v. East River Savings BankAppellate Division of the Supreme Court of the State of New York · 1970
- United States v. GianoulisDistrict Court, D. Delaware · 1949
- National Surety Corp. v. Federal Reserve BankCity of New York Municipal Court · 1946