Erbe v. Lincoln Rochester Trust Co.

This is a motion by defendants to dismiss the complaint pursuant to rule 107 of the Rules of Civil Practice. The motion is based upon the grounds, (1) that there is a final judgment in a related action which constitutes a bar to the present action; (2) that the action is barred by the Statute of Limitations; and (3) as to the claim of the plaintiff, May G. Yawman, individually and as executrix, that said claim has been released.

The lawsuit involves the affairs of Yawman & Erbe Manufacturing Company and the acquisition of stock of this company by the defendant bank and the defendant, Anna M.…