Legal Opinion
Ehrlich v. Mindel
District Court, E.D. New York
Decided September 23, 1949No. Civ. No. 10104PublishedCited by 2 opinions
1Opinion of the Court
BYERS, District Judge.
These are identical motions by defendants to dismiss the action brought by a trustee in bankruptcy to set aside allegedly fraudulent transfers of the bankrupt’s real estate to them, because the Statute of Limitations is said to be a complete defense.
The practice seems to be proper (Moore, p. 597) if the infirmity appears from the complaint, Federal Rules of Civil Procedure, rule 12(b) (6), 28 U.S.C.A., although the Statute of Limitations is comprehended in the list of affirmative defenses, Rule 8(c).
The complaint alleges the filing of a voluntary petition by the bankrupt…
2Cases cited5 opinions
- Hearn 45 St. Corp. v. JanoNew York Court of Appeals · 1940
- Buttles v. SmithNew York Court of Appeals · 1939
- Banister v. SolomonCourt of Appeals for the Second Circuit · 1942
- First Presbyterian Church v. RabbittCourt of Appeals for the Ninth Circuit · 1940
- Hadlock v. EricDistrict Court, S.D. New York · 1938
3Cited by2 opinions
- Shapiro v. Royal Indemnity Co.District Court, W.D. Pennsylvania · 1954
- Federal Deposit Ins. Corp. v. PappadioDistrict Court, E.D. New York · 1985