Saltus v. Bayard
New York Supreme Court
This is a suit against Robert Bayard and William Bayard, on a promissory note alleged to have been made by William Bayard, the elder, Robert Bayard and William Bayard, under the name and firm of Le Roy, Bayard & Co. Robert Bay-ard, who was alone brought in on process, put in several pleas, upon which issue was joined in October, 1832. The cause was noticed for trial at the December circuit, 1832, but not tried, and in August was again noticed for the last September circuit.
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This is a suit against Robert Bayard and William Bayard, on a promissory note alleged to have been made by William Bayard, the elder, Robert Bayard and William Bayard, under the name and firm of Le Roy, Bayard & Co. Robert Bay-ard, who was alone brought in on process, put in several pleas, upon which issue was joined in October, 1832. The cause was noticed for trial at the December circuit, 1832, but not tried, and in August was again noticed for the last September circuit. On the 29th day of September, the plaintiffs’ attorney discovered that at the date of the note William Bay-ard, the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The plaintiffs are entitled to amend the declaration, by inserting a count upon the note already declared on, alleging it to have been made by the defendants, after the death of William Bayard, the elder, on payment of the costs of the motion, and of the pleas, if they are withdrawn, or a new defence is interposed in consequence of the amendment.
2Cited by11 opinions
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- Reed v. CowleyDistrict Court, N.D. New York · 1868
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