Richardson & Morgan Co. v. Gudewill
City of New York Municipal Court
Appeal from an order allowing the service of an amended and suplemental answer upon payment of taxable costs, and from an order taxing costs thereon.
1Opinion of the CourtDelehanty, J.
We think the orders appealed from should' he affirmed. There have been two jury trials herein, and in each instance the verdict has been for the plaintiff. True, the judgments entered thereon have been reversed upon appeal, but solely upon technical grounds, and not upon the merits.
The proposed amended and supplemental answer is sought to be interposed, as claimed by appellant, to correct an error committed by the former attorney for the defendant, in the drafting of the original pleading. It now seeks to set up a counterclaim for six hundred dollars damages, and, if interposed, will give to…
Also in this document: Concurrence.
2Cases cited3 opinions
- Bates v. Salt Springs National BankAppellate Division of the Supreme Court of the State of New York · 1899
- Ferris v. HardSuperior Court of Buffalo · 1893
- O'Neill v. NolanNew York Supreme Court · 1892