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MUTUAL LIFE INS. CO. OF NEW YORK v. CHAMBERLIN

No. C-2270.

52 F.Supp. 334 (1943)

MUTUAL LIFE INS. CO. OF NEW YORK v. CHAMBERLIN et al.

District Court, D. New Jersey.

October 14, 1943.

Attorney(s) appearing for the Case

Collins & Corbin, by Edward A. Markley, all of Jersey City, N. J., for plaintiff.

J. Conner French and Louis Rudner, both of Trenton, N. J., for defendants Joseph H. Chamberlin and Real Estate Finance Co.

Tyler & Tyler, of New York City, for defendant Hewston-Reich & Co., formerly known as Joseph H. Chamberlin, Inc.

FORMAN, District Judge.

This is a motion made by defendants to dismiss and to strike out the first seven counts of the plaintiff's complaint on the grounds that each of these counts fails to state a cause of action and that each of these counts, based on fraud, fails to affirmatively allege as an essential element thereof that "the alleged representations were knowingly made and fraudulent in design, and constitute moral fraud."

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