Trow'S Printing & Book-Binding Co. v. New York Book-Binding Co.
City of New York Municipal Court
Appeal from trial term. Action by the Trow’s Printing & Book-Binding Company against the New York Book-Binding Company. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtMcAdam, C. J.
The plaintiff served a complaint in proper form, but then summons annexed to it, besides designating the New York Book-Binding' Company, the proper defendant, improperly included the Provident Book Company, the name of another corporation, as defendant. The summons was-not void on accouht of this irregularity, for it was amendable, as the name of the defendant improperly named therein might have been stricken out, leaving the action to proceed against the New York Book-Binding Company alone,(Code, § 723; Gribbon v. Freel, 93 N. Y. 93; Macn. Null. 2, 3, 6;) so that, notwithstanding the…
2Cases cited10 opinions
- Matter of Petition of ButlerNew York Court of Appeals · 1886
- Carleton v. . DarcyNew York Court of Appeals · 1878
- Gribbon v. . FreelNew York Court of Appeals · 1883
- Averill v. . PattersonNew York Court of Appeals · 1853
- People of the State of N.Y. v. . TweedNew York Court of Appeals · 1875
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3Cited by1 opinion
- Walker v. VandiverTennessee Supreme Court · 1915