Keene Lumber Co. v. Leventhal

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding dismissal on statute of frauds grounds appropriate where the fact that the agreement was oral was apparent “from the face of the complaint”
• stating, in dicta, that the plaintiff could amend its complaint to establish diversity of citizenship “as a matter of right”
• finding tortious interference where defendants made false representations to unsecured creditor, and attempted to avoid the unsecured creditor's claims by foreclosing upon sham chattel mortgages
• “We take it that a motion to dismiss is not a ‘responsive pleading’ within [Fed.R.Civ.P. 15(a
• “[I]t has been held that citizenship of an individual is defectively pleaded when the allegation is merely that he [or she] is a ‘resident’ of a certain state.”
• “The individual defendants may have places of business in Boston without being citizens of Massachusetts. And it has been held that citizenship of an individual is defectively pleaded when the allegation is merely that he [or she] is a ‘resident’ of a certain state.”

Source: CourtListener parenthetical corpus (CC0).