Woodruff v. Dickie
New York Supreme Court
Appeal from an order denying a motion at special term for leave to amend the answer. This action was brought to recover the last of several installments claimed to be due upon a contract for building a store, and also for extra work done thereon.
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Appeal from an order denying a motion at special term for leave to amend the answer. This action was brought to recover the last of several installments claimed to be due upon a contract for building a store, and also for extra work done thereon. The complaint set out the contract- which provided, amongst other things, that alterations or additions might be made which were to be paid for; that the building should be finished by the first of November, and in default a deduction of sixty dollars a day might be made out of the last installment; that the work should be done according to the plans…
1Opinion of the Court
By the Court, Monell, J.
"When this case was before me at special term, I entertained the opinion, and so held, that by recent amendments of the Code, referees possess all the ' powers of the cornt in granting amendments of pleadings, and that the referee-in this case, having denied the application made to him to amend the answer, his decision, if reviewable at all, could only be on appeal from the judgment.
A more careful examination of the subject, since the argument of this appeal, has confirmed my opinion.
The power of the court to allow amendments to pleadings has not been enlarged by the…
2Cases cited3 opinions
- Robbins v. RichardsonThe Superior Court of New York City · 1857
- Trinder v. DurantNew York Supreme Court · 1830
- Whitcomb v. HungerfordNew York Supreme Court · 1864
3Cited by7 opinions
- Robertson v. RobertsonNew York Court of Common Pleas · 1880
- Ford v. FordNew York Supreme Court · 1868
- Diamond v. Williamsburgh InsuranceNew York Court of Common Pleas · 1873
- Akely v. KinnicuttAppellate Division of the Supreme Court of the State of New York · 1924
- Quimby v. . ClaflinNew York Court of Appeals · 1879
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