United States v. New Amsterdam Casualty Co.

PATTERSON, District Judge.

The defendants have made motions directed against the complaint in several respects. The action is one at law, and the motions are based upon provisions of the New York Rules of Civil Practice which are applicable to the case under the Conformity Act (28 USCA § 724).

The complaint is on a surety bond executed by the defendants. It alleges, by way of inducement, the making of two contracts in 1917 between the Emergency Fleet Corporation, representing the United States, and the American Shipbuilding Company for the construction of hulls. It then alleges that a new…