Duffy v. McKenna

The opinion of the court was delivered by

Parker, J.

This is an action of deceit. The plaintiff has twice had a verdict, the second time by a struck jury.

The declaration was.originally in three counts, but the third count was struck out, and at the second trial, the proceedings at which are now before us, the case under the second count was withdrawn from the jury. The verdict under review therefore rests on the first count alone.

Two questions of practice are presented. It is urged in the first place that there was error in permitting an amendment of the first count shortly before the trial,…