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LUCKETT v. COHEN

145 F.Supp. 155 (1956)

H. Boyce LUCKETT, Plaintiff, v. Manuel COHEN, Defendant.

United States District Court S. D. New York.

July 23, 1956.

Attorney(s) appearing for the Case

Kalman I. Nulman, New York City, for plaintiff.

Schwartz, Nathanson & Cohen, New York City, for defendant (George H. Schwartz, Paul E. Gelbard, New York City, of counsel).

THOMAS F. MURPHY, District Judge.

Defendant moves to dismiss this action on a promissory note for failure to state a claim upon which relief can be granted because, he argues, it fails to make two necessary allegations, (1) the consideration for the note, and (2) the foreign law upon which the complaint is based. In the alternative defendant moves to vacate a notice to take his deposition because the notice requires the production of certain books and records.

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