Legal Opinion

Brady v. Nally

The Superior Court of the City of New York and Buffalo

Decided March 15, 1891Published

At chambers. Motion by plaintiff, James H. Brady, for leave to amend his reply, by setting up a counter-claim to a counter-claim pleaded by defendant, Catharine Nally. The motion was not made until after the final submission of the cause to a referee, and a decision by him.

1Opinion of the CourtMcAdam, J.

The cause was finally submitted to the referee, who has decided the issues, and the motion for leave to amend the reply is made too late. The amendment applied for is not to sustain the referee’s judgment, but to make it irregular. Another objection to the motion is that the reply sought to be interposed sets up an. independent counter-claim to extinguish another counter-claim pleaded by the defendant, a practice not authorized. Cohn v. Husson, 66 How. Pr. 150; Hatfield v. Todd, 13 Civil Proc. R. 265. In addition to this, it does not appear that the alleged counter-claim belonged' to the…

2Cases cited1 opinion

  1. Cohn v. HussonCity of New York Municipal Court · 1883

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