Legal Opinion
De Camp v. McIntyre
New York Supreme Court
Decided March 31, 1887Published
1Opinion of the CourtPotter, J.
This is an appeal from an order denying a motion upon behalf of the plaintiff to amend the complaint, and from a judgment dismissing the complaint sought to be amended.
These questions arise somewhat peculiarly and possibly in such a manner as to prevent them from being disposed of upon their merits. That result should be avoided if possible.
The action was brought upon a note made and delivered to the plaintiff by the defendants for lumber sold and delivered them by plaintiff in November, 1877.
The defendants were, when the lumber was delivered and the note given for the same, engaged as…
2Cases cited4 opinions
- Ward v. . KilpatrickNew York Court of Appeals · 1881
- Coleman v. Manhattan Beach Improvement Co.New York Court of Appeals · 1883
- Vibbard v. RoderickNew York Supreme Court · 1868
- Simons v. . First National BankNew York Court of Appeals · 1883