Sheldon v. Adams
New York Supreme Court
Appeals from orders substituting a plaintiff and giving leave to amend. This action and three others, against other defendants, were brought in 1854 by the plaintiff as receiver of the Columbia Insurance Company. In 1862, Frederick A. Sands, having been appointed receiver, applied for leave to be substituted as plaintiff in the actions, and also for leave to amend the complaint by inserting a different statement of the cause of action.
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Appeals from orders substituting a plaintiff and giving leave to amend. This action and three others, against other defendants, were brought in 1854 by the plaintiff as receiver of the Columbia Insurance Company. In 1862, Frederick A. Sands, having been appointed receiver, applied for leave to be substituted as plaintiff in the actions, and also for leave to amend the complaint by inserting a different statement of the cause of action. The order was granted at special term, and the defendants respectively appealed. The facts of the case and the contents of the pleadings ap pear in the…
1Opinion of the CourtPotter, J.
The first question that arises is, whether the or der of the special term is, appealable. The actions were commenced in the spring of 1854. The complaints were verified by the then plaintiff. The notes are set forth in the complaint as notes made subsequent to the organization of the company, as premium notes given for policies of insurance, to be issued thereon. The notes are such in form, that is, premium notes. Sheldon, the receiver, as such, under the direction, sanction, and authority of the Supreme Court, settled and determined the amount of losses of the company, and the proportions to…
2Cases cited6 opinions
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
- Howland v. . EdmondsNew York Court of Appeals · 1862
- Harrington v. SladeNew York Supreme Court · 1856
- Birdseye v. SmithNew York Supreme Court · 1860
- St. John v. CroelNew York Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Burrows Paper Co. v. StateNew York Court of Claims · 1940
- Garvie v. GreeneSouth Dakota Supreme Court · 1897
- Gilchrist v. Gilchrist's ExecutorsNew York Supreme Court · 1873
- Wilson v. SmithThe Superior Court of the City of New York and Buffalo · 1891
- Arnold v. ChesebroughU.S. Circuit Court for the District of Eastern New York · 1887
5 more not listed; retrieve them via the Exa API.