Biltmore Knitwear Corp. v. Chalfin

This is a motion by plaintiff for leave to serve an amended complaint. The original complaint is in replevin. A writ of replevin was issued and an attempt was made to take possession of the merchandise in question but plaintiff claims that the merchandise offered by defendant to the marshal was different from that sold by the plaintiff to the defendant and it, therefore, asserts that defendant is either concealing the merchandise or else has converted it to his own use.

Plaintiff seeks now to serve an amended complaint, setting up both an action in replevin and an action in conversion, and in…