Pressed Steel Car Co. v. Union Pac. R.
District Court, S.D. New York
In Equity. Bill by the Pressed Steel Car Company against the Union Pacific Railroad Company for discovery in aid of an action at law. On motion to strike out answer. Motion to strike out the answer of the defendant to the plaintiff’s bill of discovery. The bill alleged that the plaintiff had commenced an action at law in this court, which was still pending and at issue, and annexed a copy of the complaint.
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In Equity. Bill by the Pressed Steel Car Company against the Union Pacific Railroad Company for discovery in aid of an action at law. On motion to strike out answer. Motion to strike out the answer of the defendant to the plaintiff’s bill of discovery. The bill alleged that the plaintiff had commenced an action at law in this court, which was still pending and at issue, and annexed a copy of the complaint. The complaint at law alleged that the parties had entered into a contract under which the defendant promised for a stated period to pay the plaintiff S10 upon the completion of any freight…
1Opinion of the CourtLearned' Hand, District Judge
(after stating the facts _ as _ above). [1] Before the new rules, and under the old course of equity, the necessity of a plea to a bill arose from the rule that, if the defendant once consented to answer, he must answer fully, and that therefore in his answer he must respond to all the charges of evidence contained in the bill. This has now been changed by the abolition of pleas (rule 29, 198 Fed. xxvi, 115 C. C. A. xxvi), and by the provisions that discovery shall be by interrogatories, to which specific objections may be taken (rule 58, 198 Fed. xxxiv, 115 C. C. A. xxxiv), and that the…
2Cited by34 opinions
- Coca Cola Co. v. Dixi-Cola Laboratories, Inc.District Court, D. Maryland · 1939
- Baush MacH. Tool Co. v. Aluminum Co. of AmericaCourt of Appeals for the Second Circuit · 1933
- Dowling v. Isthmian S.S. CorporationCourt of Appeals for the Third Circuit · 1950
- Meeker v. BaxterCourt of Appeals for the Second Circuit · 1936
- E. I. Du Pont De Nemours & Co. v. ByrnesDistrict Court, S.D. New York · 1939
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