Gowdy v. Poullain
New York Supreme Court
Appeal from an order at the special term denying a motion to amend the complaint. The action was brought in 1871 by Hill Gowdy against Antoine Poullain to recover the value of certain tobacco, the property of plaintiff, alleged to have been sold by defendant.
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Appeal from an order at the special term denying a motion to amend the complaint. The action was brought in 1871 by Hill Gowdy against Antoine Poullain to recover the value of certain tobacco, the property of plaintiff, alleged to have been sold by defendant. The original complaint alleged that the defendant, as commission merchant and agent of the plaintiff, had in his possession, on or about the 20th day of January, 1865, at his warehouse in the city of Augusta, Georgia, 441 packages of tobacco, weighing 18,964 pounds, of the value of $1 per pound, the property of the plaintiff. That’ on or…
1Opinion of the CourtLawbesce, J.
It is insisted by the respondent’s counsel that, as the order asked for was one which rested in the discretion of the justice who heard the motion at the special term, it is not -the subject of review by the general term. We are of opinion that under the recent decisions of the court of appeals, in Gray v. Fisk, 53 N. Y. 630, and in Livermore v. Bainbridge, 47 How. 354, the order can be properly reversed by the general term..
An examination of the motion papers and of the affidavits read in opposition has, however, failed to convince us that the justice at special term erred in the conclusion…
2Cases cited1 opinion
- Gray v. FiskNew York Court of Appeals · 1873