202 F. 199 | 2d Cir. | 1913
There is certainly nothing here to indicate that the goods are in the possession or control of Roth. On the contrary, they seem to be in the possession and control of C. A. Auffmordt & Co. The general averment in the concluding paragraph of the petition of the legal conclusion that “Roth is now wrongfully withholding from the trustee the goods aforesaid, without right, or warrant, or authority of law,” is not sufficient to help out the insufficient aver-ments of fact, or to require the court to accept a conclusion different from that which the averments of fact indicate.
The order is affirmed.