Holmes v. Gerry
Supreme Judicial Court of Maine
On Exceptions and Motion to set aside the verdict as against the law, the evidence and the charge of the presiding Judge. Case, under c. 136 of the Public Laws of 1862, to recover back usurious interest.
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On Exceptions and Motion to set aside the verdict as against the law, the evidence and the charge of the presiding Judge. Case, under c. 136 of the Public Laws of 1862, to recover back usurious interest. The writ was dated May 20, 1865. The presiding Judge, against the defendant’s objection, permitted the plaintiff to amend the eleventh count alleging that, — "Whereas the said defendant, prior to the fifth day of July last, had at various times loaned to the plaintiff large sums of money, amounting in the whole to a large amount, viz., three thousand one hundred dollars, and the said'…
1Opinion of the CourtKent, J.
The only exception to the rulings of the Judge is that he allowed an amendment of the eleventh count. The rule on the subject of amendments is now very broad, and gives great discretion to the Judge presiding. Where the proposed amendment clearly describes and introduces a new cause of action, exceptions will lie to the allowance of such amendments.
The original eleventh count sets forth a claim to recover back money paid as usurious interest to the amount of twenty-five hundred dollars. The amendment does not enlarge this claim or change its nature, or the cause of action. The original count…
2Cases cited2 opinions
- Jarvis v. RogersMassachusetts Supreme Judicial Court · 1816
- Kaye v. TydingsCourt of Appeals of Kentucky · 1861
3Cited by1 opinion
- De Blois v. DunklingSupreme Judicial Court of Maine · 1950