Hunt v. Rousmaniere
U.S. Circuit Court for the District of Rhode Island
Leave having been granted to amend the bill under the intimation of the court at the last term, the plaintiff [Clement S. Hunt] now filed an amendment to the bill.
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Leave having been granted to amend the bill under the intimation of the court at the last term, the plaintiff [Clement S. Hunt] now filed an amendment to the bill. The amendment in substance stated, that on the day when the first letter of attorney was executed, and before its execution, the plaintiff and [Louis] Rousmaniere called upon counsel for advice, as to the most effectual mode of giving security to the plaintiff upon the vessel; that Rousmaniere then proposed to give a mortgage of the vessel with a power to sell, or an absolute bill of sale, taking back from the plaintiff a…
1Opinion of the Court
STORY, Circuit Justice.
This cause has been again argued upon the amended bill, .and now stands for judgment Some doubt has been thrown out in argument as to the authority of the court to allow an amendment of the bill, after the cause had been decided in favour of the demurrer. I should be sorry, that any doubt of the propriety of such a practice should prevail in any case, where the court should be of opinion, that it was called for by the real merits and justice of the case. If there were a stubborn rule of practice against it, it might induce one to pause. But I know of no such rule; and…
2Cases cited1 opinion
- Lyon v. RichmondNew York Court of Chancery · 1816
3Cited by6 opinions
- Root v. StuyvesantNew York Supreme Court · 1837
- Leavitt v. . PalmerNew York Court of Appeals · 1849
- Beers v. HendricksonThe Superior Court of New York City · 1868
- Boston & A. R. Co. v. ParrU.S. Circuit Court for the District of Maryland · 1899
- Clarke v. DutcherNew York Supreme Court · 1824
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