Doyle v. . Carney
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 26,1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the. action and the facts, so far as material, are stated in the opinion. The court, ought not to have allowed the summons and pleadings to be amended to conform to the proofs. (Code Civ.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 26,1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the. action and the facts, so far as material, are stated in the opinion. The court, ought not to have allowed the summons and pleadings to be amended to conform to the proofs. (Code Civ. Pro. § 723 ; Van Cott v. Prentice, 104 N. Y. 46 ; Davis v. N. Y., L. E. & W. R. R. Co., 110 N. Y. 646; Bockes v. Lansing, 74 N. Y. 437; Union Bank v.…
1Opinion of the CourtGray, J.
Plaintiff brought this action, as the administrator of the estate of Mary T. Doyle, to recover from the defendant the value of services rendered by her to the defendant’s testatrix. Upon the trial, it appeared by plaintiff’s testimony that Mary was his daughter and was a minor at the time the services were rendered. She became of age in the month that the defendant’s testatrix died. Before Mary’s death, she caused to be presented a claim to the defendant for the services in question, which was rejected. At the conclusion of the evidence, the defendant moved the court to direct a verdict in…
2Cases cited1 opinion
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
3Cited by13 opinions
- Johnson v. . Phoenix Bridge Co.New York Court of Appeals · 1910
- Johnson v. Phœnix Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Goldwyn Pictures Corp. v. Howells Sales Co.District Court, S.D. New York · 1922
- Potter v. DavidsonOregon Supreme Court · 1933
- Tierney v. Helvetia Swiss Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
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