Legal Opinion

Howard v. Brown

New York Supreme Court

Decided March 15, 1915Published

Motion for leave to amend complaint and motion for judgment under section 547 of the Code of Civil Procedure upon the first cause of action.

1Opinion of the CourtVan Kirk, J.

This is a motion, (1) for leave to amend the complaint as to the second cause of action; and (2) for judgment under section 547 of the Code upon the first cause of action. ■

Plaintiff’s motion to amend is granted without terms. The omission to be supplied in the pleading is evidently an oversight. The motion for judgment is besed upon the insufficiency of the denial in the answer. The first cause of action is stated in two counts: (1) To recover for sixty-five pounds of' butter, eleven bushels of potatoes and eight calves, sold and delivered to the defendant and for the use of a roller leased…

2Cases cited3 opinions

  1. Dahlstrom v. . GemunderNew York Court of Appeals · 1910
  2. Clark v. LevyAppellate Division of the Supreme Court of the State of New York · 1909
  3. Cronin v. TeboNew York Supreme Court · 1892

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