Dana v. Morgan
District Court, S.D. New York
In Equity. Suit by Charles A. Dana, as executor, etc., against Edwin D. Morgan and the Corralitos Company. On defendants’ motion to determine the validity of certain defenses waived by defendants’ answer, which are as follows: (1) The amended complaint does not comply with equity rule No. 27 (198 Fed. xxv, 115 C. C. A. xxv). (2) The matters set forth in the bill of complaint herein are res judicatse by reason of the entry of judgment in a certain suit in the Supreme Court of…
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In Equity. Suit by Charles A. Dana, as executor, etc., against Edwin D. Morgan and the Corralitos Company. On defendants’ motion to determine the validity of certain defenses waived by defendants’ answer, which are as follows: (1) The amended complaint does not comply with equity rule No. 27 (198 Fed. xxv, 115 C. C. A. xxv). (2) The matters set forth in the bill of complaint herein are res judicatse by reason of the entry of judgment in a certain suit in the Supreme Court of the state of New York referred to in the pleadings. (3) That tile contract sought to be set aside by tbe bill of…
1Opinion of the Court
PIOUGH, District Judge.
[1] It will not be necessary to digest or summarize the pleadings herein further than the following: The bill declares that both the original and the amended contract with Mr. Morgan “was made in bad faith,” and contemplated “a dissipation of the profits and ássets * * * and the waste of the capital” of the Corralitos Company.
I am inclined to think that an allegation of bad faith is an allegation of fact; but, even if it be not anything more than a conclusion, it is to be noted that the bill states as a reason, and a controlling reason, for the making of the contract…
2Cases cited12 opinions
- Wabash Railroad v. Adelbert College of Western Reserve UniversitySupreme Court of the United States · 1908
- Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
- Veeder v. . BakerNew York Court of Appeals · 1880
- United States Steel Corp. v. HodgeSupreme Court of New Jersey · 1903
- Russell v. Henry C. Patterson Co.Supreme Court of Pennsylvania · 1911
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- Cohen v. Industrial Finance CorporationDistrict Court, S.D. New York · 1942
- Eshleman v. KeenanCourt of Chancery of Delaware · 1936
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