Shultz v. Manufacturers Traders Trust Co.

Full title: SHULTZ et al. v. MANUFACTURERS TRADERS TRUST CO. et al

Court: United States District Court, W.D. New York

Date published: Jun 21, 1939

29 F. Supp. 38 (W.D.N.Y. 1939)

Opinion

No. 2279.

June 21, 1939.

Jules C. Randal, of Buffalo, N.Y., for plaintiffs.

Babcock, Hollister, Brown Newbury, of Buffalo, N.Y., for defendants Manufacturers Traders Trust Co. et al.

Dudley, Stowe Sawyer, of Buffalo, N.Y., for defendant Sawyer.

Rann, Brown, Sturtevant Kelly, of Buffalo, N.Y., for defendants George. H. Chisholm et al.

Larkin, Rathbone Perry, of New York City, and James O. Moore, of Buffalo, N.Y., for other defendants.

In Equity. Suit by Wyatt D. Shultz and another, as coexecutors, against the Manufacturers Traders Trust Company, individually and as coexecutor, and others, for fraud and conspiracy. On defendants' motion for bill of particulars.

Decree in accordance with opinion.

KNIGHT, District Judge.

Defendants move for a bill of particulars in respect to certain allegations of paragraph XX of the Amended Complaint. It is my opinion that the allegations in question, when considered in connection with the other allegations of the Amended Complaint, are sufficient in "definiteness or particularity" to enable the defendants properly to prepare a "responsive pleading or to prepare for trial." Rule 12(e), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. These matters with respect to which a bill of particulars is sought may be inquired about through interrogatories. Rule 33 et seq. Federal Rules of Civil Procedure.