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BICKNELL v. LLOYD-SMITH

December 20, 1938

BICKNELL et al.
v.
LLOYD-SMITH



The opinion of the court was delivered by: BYERS

BYERS, District Judge.

This is an action in which the plaintiffs seek judgment for a sum of money against the defendant under her written guarantee of the payment of corporate bonds issued by the Sugar Pine Lumber Company.

The complaint was verified and presumably filed on the 8th day of August, 1938, prior to the effective date of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

 On November 28, 1938, a notice of motion was filed the hearing of which was adjourned to December 14th, in which the defendant sought:

 I. An order requiring the plaintiffs to furnish a more definite statement of their complaint or a bill of particulars, and

 II. An order requiring the plaintiffs to state in separate counts the alleged causes of action set forth in the complaint.

 The plaintiffs are respectively the receiver of the Bank of Saginaw, Saginaw, Michigan, and an individual seemingly unrelated to the former, and both assert that they are the holders of corporate bonds issued by the Lumber Company, the payment of which as to principal and interest was guaranteed by three individuals of whom the defendant is one. What purports to be a copy of the guarantee, dated March 1, 1927, is annexed to the complaint.

 Acquisition of thirty-six of such bonds in the denomination of $1,000 on the part of the bank is alleged as of April 12, 1927; and of five on the part of the individual plaintiff on April 29, 1929.

 Whether the plaintiffs' right to relief is one "arising out of the same transaction, occurrence, or series of transactions or occurrences" within Rule 20(a), 28 U.S.C.A. following section 723c, does not appear from the complaint, nor is it now presented.

 The first branch of the notice lists the following items:

 (1) Whether the bank has been dissolved.

 (2) To whom the Lumber Company sold and delivered its bonds and the consideration received by it.

 (3) The seller of the bonds to the bank, the date of the purchase, and the ...


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