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KONINKLIJKE NEDERLANDSCHE STOOMBOOT MAATSCHAPPIJ v. YGLESIAS & CO.

37 F.2d 103 (1930)

KONINKLIJKE NEDERLANDSCHE STOOMBOOT MAATSCHAPPIJ v. YGLESIAS & CO., Inc.

District Court, S. D. New York.

January 3, 1930.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (James N. Senecal, of New York City, of counsel), for the motion.

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Ray Rood Allen and Burton H. White, both of New York City, of counsel), opposed.

WOOLSEY, District Judge.

This motion is denied.

A motion to dismiss is the modern equivalent of a demurrer and involves, as a demurrer did, the implication that the allegations of the complaint are true. So assuming, I think that the plaintiff has stated a cause of action for reformation of the contract of carriage on the ground of mutual mistake or negligence on the plaintiff's part combined with fraud on the part of the defendant. Providence Engine Co. v...

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