Legal Opinion
A. W. Feeser, Inc. v. American Can Co.
District Court, D. Maryland
Decided September 17, 1932No. 2027PublishedCited by 5 opinions
1Opinion of the Court
CHESNUT, District Judge.
The bill of complaint in this case seeks discovery, accounting and decree for alleged overpayments of money under contract for the purchase of tin cans, caused by alleged fraud and deceit. The defendant has filed a motion to dismiss the bill on a number of grounds which may be summarized as: (a) Failure of the bill to allege facts justifying the relief sought; (b) fatal indefiniteness and want of particularity in the allegations made; and (e) limitations. The motion to dismiss, under the new Equity Rules (28 USCA § 723), is the substantial equivalent of the former…
2Cases cited16 opinions
- Ex Parte PetersonSupreme Court of the United States · 1920
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Buzard v. HoustonSupreme Court of the United States · 1886
- Smith v. BollesSupreme Court of the United States · 1889
- Kirby v. Lake Shore & Michigan Southern RailroadSupreme Court of the United States · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Piper v. JenkinsCourt of Appeals of Maryland · 1955
- United States v. Ben Grunstein & Sons CompanyDistrict Court, D. New Jersey · 1956
- Horning v. FergusonDistrict of Columbia Court of Appeals · 1947
- Grothe v. EricksonNebraska Supreme Court · 1953
- Keith v. Endicott Johnson Corp.Court of Appeals for the Second Circuit · 1935