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VIRGIN ISLANDS CORP. v. W. A. TAYLOR & CO.

No. 59, Docket 22448.

202 F.2d 61 (1953)

VIRGIN ISLANDS CORP. v. W. A. TAYLOR & CO.

United States Court of Appeals, Second Circuit.

Decided January 8, 1953.

Attorney(s) appearing for the Case

Holmes Baldridge, Washington, D. C., Myles J. Lane, New York City, Irwin W. Silverman and David Lloyd Kreeger, Washington, D. C. (Harry I. Rand, Washington, D. C., of counsel), for plaintiff-appellant.

Rogers, Hoge & Hills, New York City (James F. Hoge, Lenore B. Stoughton, New York City, Andrew J. Graham, Brooklyn, N. Y. and William F. Weigel, New York City, of counsel), for defendant-appellee.

Before SWAN, Chief Judge, and L. HAND and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. A motion to dismiss a complaint, without the aid of anything except the complaint itself, is usually a most undesirable way for a defendant to seek a victory. For, on such a motion, the court must construe the complaint's language in a manner most favorable to the plaintiff; and, if that language is at all ambiguous, seldom will it, when thus generously construed, fail to show a cause of action. So here, interpreting the complaint as we must...

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