Menuez v. Julius Kindermann & Sons, Inc.

LEIBELL, District Judge.

This is an action for damages arising out of an alleged conversion by defendant warehouseman of certain goods, furniture, etc., stored by plaintiff with defendant as a warehouseman.

Plaintiff moves under rule 109(6) of the Rules of Civil Practice to strike out an affirmative defense contained in the answer on the ground that it is insufficient in law. The defense alleges that “it was provided by the terms of a certain warehouse receipt issued by defendant to one Caroline B. Bird, * * * which said receipt is specifically referred to by the plaintiff in paragraph…