Shaw v. Bryant
New York Supreme Court
Appeal from judgment on report of referee. Action by Julia A. Shaw against Agnes C., Amanda I., and Carolan O’B. Bryant, for board and lodging and money advanced. From a judgment for plaintiff, entered on report of a referee, defendants appeal.
1Opinion of the CourtPatterson, J.
The judgment entered upon the report of the referee in this action must be reversed. There are two fatal errors pointed out by the appellants. The first consists in the allowance by the referee of an amendment which radically changed the issues raised by the pleadings, and allowed a new cause of action to be set up in the amended complaint. As the original complaint was framed, the action was for an injunction to restrain the Farmers’ Loan & Trust Company from paying over to the other defendants certain moneys therein referred to, and it was also asked that the court direct the said company…
2Cases cited6 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Price v. . BrownNew York Court of Appeals · 1885
- Gas-Light Co. v. Rome, W. & O. RailroadNew York Supreme Court · 1889
- Foley v. Mutual Life Ins.New York Supreme Court · 1892
- Quimby v. . ClaflinNew York Court of Appeals · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Drake v. SieboldNew York Supreme Court · 1894
- Shaw v. BryantNew York Supreme Court · 1895
- Maders v. WhallonNew York Supreme Court · 1893