491 March 20, 1940 Alexander Holtzoff Allen R. Cozier 6/46 Bulletin No. 68 Bankers Bond and Mortgage Co. v. Witherow Bankers Bond and Mortgage Co. v. Witherow 8 (c) 23 (c) Robbins et al. v. Graman et al. v. City Co. of N. Y., Inc., et al. Graman et al. v. City Co. of N. Y., Inc., et al. C. F. Simonin's Sons, Inc. v. American Can Co. v. General Investment Corp, et al. United Air Lines Transport Corp. et al. v. General Investment Corp. et al. C. F. Simonin's Sons, Inc. v. American Can Co. E. W. Bliss Co. v. Cold Metal Process Co. Peterson v. Southern Pacific Co. et al. Southern District of New York December 20, 1939 Sam Grauman et al. v. City Company of New York, Inc., et al. Editorial Headnote 1. The existence of an adequate remedy at law is no longer a ground for dismissing a complaint demanding equitable relief. 2. A claimant is not required separately to state and number each element or ground alleged in support of a single claim. (Rule 10 (b)) A claim against more than one defendant need not be separately stated and numbered as against each even though part of the relief is sought against only one of them. (Rule 10 (b)) 4. Plaintiff has a right to plead facts tending to negative laches and statute of limitations although he may not be required to do so. (Rule 8 (c)) MANDELBAUM, D. J. The defendants move, pursuant to Rules 8, 10, 12 and 18 of the new Federal Rules of Civil Procedure (1) to dismiss the amended complaint on the grounds: (a) that whereas this is an action in equity it appears on the face of the complaint that no grounds for equitable jurisdiction or relief are alleged; and (b) that the plaintiffs have an adequate remedy at law; or in the alternative, (2) requiring the plaintiffs respectively to separately state and number each cause of action for rescission of the purchase in California of securities by the plaintiff from the Company, (a) so that those facts relating to the invalidity of the sale under the California Blue Sky Law will be separately stated, (b) from the allegations of fraud and deceit; and (c) that each plaintiff also state his alleged cause of action for damages for fraud and deceit separately from his alleged cause of action for rescission of the same transaction; (3) the remainder of the motion is that certain allegations of the complaint be stricken. |