Legal Opinion

Shirley v. Bernheim

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 1908PublishedCited by 3 opinions

Appeal by the plaintiff, James Shirley, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 4th day of December, 1907, denying the plaintiff’s motion for leave to amend the complaint herein.

1Opinion of the Court

Scott, J.:

The plaintiff appeals from an order denying his motion to amend the complaint. The action was begun in October, 1906. This motion was made in No vember, 1907, when it was probable that the cause would shortly be reached for trial. The action is for damages for the conversion of 1,600'shares of mining stock. ' The complaint alleges that in December,. 1905, plaintiff, being the owner and in possession of 1,600 shares of the capital stock of the Giroux Consolidated Mines Company, obtained from defendant a loan of $8,000, for which he gave his promissory note payable in six. months, and…

2Cited by3 opinions

  1. Edward Davis, Inc. v. AdlerAppellate Terms of the Supreme Court of New York · 1915
  2. Hills v. McKaneNew York Supreme Court · 1911
  3. Anness v. Seaboard Trading Co.Appellate Division of the Supreme Court of the State of New York · 1930

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