Allen v. Addington
New York Supreme Court
This was an action on the case for a false representation as to the credit of a third person. The plaintiff obtained a verdict, on which he entered judgment in this court.
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This was an action on the case for a false representation as to the credit of a third person. The plaintiff obtained a verdict, on which he entered judgment in this court. The defendant , sued out a writ of error, removing the record into the court for the correction of errors, which court reversed the judgment of this court, but resolved that the third count in the declaration was sufficient after verdict to sustain a judgment, and directed the record to be remitted to this court, with liberty to the plaintiff to apply here to amend the^osiea, either by the notes of the circuit judge, or by…
1Opinion of the Court
Mr. Justice Sutheeland,
who heard this motion, inquired, in the progress of the argument, whether there was not a distinction between the case of several counts for separate and distinct causes of action, some of which counts were good and others bad, and the case of several counts upon one and the same cause ofi action, differing in form and the mode of statement, but in substance the same. In the former case, where evidence was given, applicable as well to one count as the other, it might well be imagined that there would be danger in permitting an abandonment of the postea; but in the…
2Cited by3 opinions
- Hutchinson v. CrossenMassachusetts Supreme Judicial Court · 1813
- Jones v. VanzandtU.S. Circuit Court for the District of Ohio · 1843
- Fry v. BennettThe Superior Court of New York City · 1855