Olney v. Goodwin
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Peter B. Olney, as receiver, etc., against Frank W. Goodwin. The action was commenced by service of summons describing plaintiff as “Peter B. Olney, Receiver.” The complaint as served on defendant’s attorneys described plaintiff as “Peter B. Olney, as Receiver of the Sargent Granite Company.” The complaint was returned for this variance, and defendant moved for dismissal for want of a complaint.
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Appeal from special term, New York county. Action by Peter B. Olney, as receiver, etc., against Frank W. Goodwin. The action was commenced by service of summons describing plaintiff as “Peter B. Olney, Receiver.” The complaint as served on defendant’s attorneys described plaintiff as “Peter B. Olney, as Receiver of the Sargent Granite Company.” The complaint was returned for this variance, and defendant moved for dismissal for want of a complaint. Plaintiff moved for leave to amend the summons to correspond to the complaint. From orders denying defendant’s motion, and granting plaintiff’s…
1Per curiam
The order in this case should be affirmed, on the authority of Munzinger v. Courier Co. (82 Hun, 575, 31 N. Y. Supp. 737.
Order affirmed, with $10 costs and disbursements.
2Cases cited1 opinion
- Munzinger v. Courier Co.New York Supreme Court · 1894
3Cited by2 opinions
- Russell, B.N.F. v. Barre Plywood Co.Supreme Court of Vermont · 1949
- Claim of McGuire v. New Haven Erection Co.Appellate Division of the Supreme Court of the State of New York · 1922