N. V. Transandine Handelmaatschappij v. Massachusetts Bonding & Insurance

Plaintiffs have moved for an order, pursuant to rule 113 of the Rules of Civil Practice, for summary judgment and to strike out each of the defenses pleaded in defendant’s answer, pursuant to rule 109. The defendant, in addi*203tian to contesting these motions, has, pursuant to rule 112, by cross motion asked that the complaint be dismissed upon the ground that it fails to state facts sufficient to constitute a cause of action. Both motions raise the same issues. |

In July, 1940, Harold Anderson, as assignee of one Tietz, sought to sue the plaintiffs in this action for conversion of securities and…