Kramer v. Gille

Citations

• 140 F. 682
• 1905 U.S. App. LEXIS 4821

Syllabus

<p>1. Pleading — Amendment—Stating Different Cause op Action — Test.</p> <p>A petition filed in a state court by the receiver of a corporation alleged that defendants, who were stockholders and directors of the corporation, at a time when it was insolvent sold their stock to it at par value for cash in fraud of its creditors, and sought to recover the sum so received by defendants. The cause, having been removed into the federal court, on motion of plaintiff was transferred to the equity docket, and -he was given leave to recast his petition to conform to the rules of equity pleading. Under such order he filed a so-called amended bill, alleging that defendants exchanged their stock for a stock of goods of a stated value, which was owned by the corporation, but stood in the name of another. Held, that such bill would be stricken from the files, because it was not an amendment of the original pleading, nor within the leave given, but stated a different cause of action, since the measure of damages was not the same under the two, nor would they be sustained by the same evidence.</p> <p>2. Limitation op Actions — Pleading—Sufficiency.</p> <p>A pleading stating a cause of action based on fraud, which as alleged occurred so long prior to the filing of the pleading as to be barred by limitation, is insufficient, where it does not allege when the fraud was discovered, nor plead facts showing diligence necessary to remove the bar of the statute.</p>