Curtis v. Utah Fuel Co., Civil Actions No. 728

• Court: U.S. District Court — District of New Jersey
• Writing for the Court: Nicholas J. Curtis, pro se
• Citation: Curtis v. Utah Fuel Co., 59 F.Supp. 680 (D. N.J. 1944)
• Decision Date: 13 April 1944
• Docket Number: Civil Actions No. 728,2800.
• Parties: CURTIS v. UTAH FUEL CO. et al. (two cases).

59 F. Supp. 680

CURTIS v. UTAH FUEL CO. et al. (two cases).

Civil Actions Nos. 728, 2800.

District Court, D. New Jersey.

April 13, 1944.

Nicholas J. Curtis, pro se.

H. Collin Minton, Jr., of Trenton, N. J., pro se, and for Utah Fuel Co.

William V. Rosenkrans, of Paterson, N. J., pro se, and for Addison P. Rosenkrans.

George A. Cella, of Trenton, N. J., for George Lavdas and Louis Antonopoulos.

Constantine Donato, of Trenton, N. J., for Savoy Restaurant, Inc., and James Millas.

FAKE, District Judge.

Motions are made to dismiss the complaints herein on two basic grounds:

First, it is alleged that the two documents filed as complaints fail to disclose valid claims;

Second, that plaintiff is an incompetent person and therefore has no right to sue in the absence of a guardian.

The complaint filed in the action seeking an injunction (No. 2800) is so involved, disconnected and incoherent as to be fatally defective. It therefore must be dismissed. As to civil action No. 728 it appears that either by failure of service or by the setting aside of service all defendants have been dismissed save the defendant, Utah Fuel Company. The allegations against this remaining defendant disclose alleged claims which have long since been outlawed by the statute of limitations. However, in the absence of an answer pleading the statute of limitations, the complaint cannot be dismissed at this time.

The history of the activities of this plaintiff in the Courts of the District of Columbia and in the state and federal courts of the States of Utah, New York...