Bernier v. Griscom-Spencer Co.

PLATT, District Judge.

The original bill in this action was attacked by demurrer. The situation is thoroughly set forth in an exhaustive opinion giving reasons for sustaining the demurrer, to be found in 161 Fed. 438.

After reading that opinion, the complainant amended the bill so as to avoid the weaknesses which he thought were pointed out therein. The main differences between the original bill and the present one are these: It is now directed solely to a demand for a transfer of the “$9,-000 worth of stock,” and alleges that the defendant holds sufficient excess stock to respond to the…