Krechmer v. Cohen

RÍFKIND, District Judge..This motion is made by defendant, before answer, to dismiss the complaint for failure to state a claim, Rule 12(b) (6), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, or for summary judgment, Rule 56(b). The motion is grounded upon the contention that the claim declared in the complaint is barred by limitations.

The complaint alleges that the parties entered into a joint venture in New Jersey, that defendant committed various breaches of his duties as co-venturer and that he appropriated to himself the profits of the enterprise; the prayer for…