Ames & Hoyt v. Gatey, McCune & Co.
Supreme Court of Minnesota
Gatey, MeCune & Co., the Plaintiffs below, brought their suit against the Defendants, Ames & Hoyt, to recover the value of certain boilers and mill machinery furnished them by the Plaintiffs. Tlvi/rd. The Court erred in allowing the amendment, as it substantially changed the claim of the Plaintiff. Rev. Stat... v. 340. Sec.. 90.
1Opinion of the Court
WRIT OF ERROR TO THE DISTRICT COURT OF RAMSEY COUNTY.
The Defendants answered, alleging defects in the boilers, &c., and charging damages, upon which an issue was joined, •by the Plaintiffs’ Reply. The testimony of the Plaintiffs was taken by commission.
Upon the trial of the cause, and after the introduction of the Plaintiffs’ evidence, the Complaint was amended (upon terms) upon motion, by inserting certain words, “ to make the Complaint conform to the evidence.” A verdict was returned by the. Jury in favor of the Plaintiffs. A motion for a new trial was made on behalf of the Defendants,…
2Cases cited4 opinions
- Amory v. FellowesMassachusetts Supreme Judicial Court · 1809
- Bradstreet v. BaldwinMassachusetts Supreme Judicial Court · 1814
- Clark & wife v. Vorce & VorceNew York Supreme Court · 1838
- Bailis v. CochranNew York Supreme Court · 1807
3Cited by3 opinions
- Buie v. KennedySupreme Court of North Carolina · 1913
- Buie v. . KennedySupreme Court of North Carolina · 1913
- Cooper v. StinsonSupreme Court of Minnesota · 1861