Graham v. Stirling Insurance
New York Court of Common Pleas
Plaintiff, Graham, had the cause noticed for trial, and placed on the general -calendar. Defendant, the Stirling Insurance Company, now moves for a vacation of the order.
1Opinion of the CourtDaly, J.
The issue under the pleadings as they originally stood was joined March, Í877, and the cause noticed for May term, 1877, and placed on the general calendar. The complaint was amended on motion of plaintiff on May 23, 1879, and the amended complaint served on July 7, 1879, and the answer thereto served July 28,1879. No new notice of trial was given, and the cause remained on the calendar by its old number. The question is whether a new notice of trial and a new note of issue were necessary for the joining of the” new issues. In Black v. Bank, it was held to be discretionary with the court to…
2Cases cited3 opinions
- Washburn v. HerrickNew York Supreme Court · 1849
- Black v. Continental National BankNew York Supreme Court · 1877
- Cusson v. WhalonNew York Supreme Court · 1851