Dean v. Gilbert
New York Supreme Court
Appeal from special term, Erie county. .Action by Isaac E. Dean, as president of the Ontario Improvement & Q-as Company, Limited, against William H. Gilbert and others. From an order denying a motion to amend the complaint by striking out the words “Isaac E. Dean, as president of,” and thus reducing the name of plaintiff to that of the Ontario Improvement & Gps Company, Limited, plaintiff appeals.
1Opinion of the CourtBradley, J.
By the complaint it is alleged that the plaintiff is an association organized under the laws of the state of New York, doing business, etc. The Ontario Improvement & Gas Company, Limited, is a corporation, and, as such, it is the party in which the alleged right of action exists. The motion to amend the complaint was denied upon the ground of want of power to grant it, and in support of the order are cited Davis v. Mayor, etc., 14 N. Y. 506; Bassett v. Fish, 75 N. Y. 303; New York State Monitor, etc., Ass’n v. Remington Agricultural Works, 89 N. Y. 22. The view here taken is that the rule…
2Cases cited5 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Bassett v. . FishNew York Court of Appeals · 1878
- New York State Monitor Milk Pan Ass'n v. Remington Agricultural WorksNew York Court of Appeals · 1882
- Evoy v. Expressmen's Aid SocietyNew York Supreme Court · 1893
- Heckemann v. YoungNew York Supreme Court · 1887
3Cited by9 opinions
- Boyd v. United States Mortgage & Trust Co.New York Court of Appeals · 1907
- Covino v. Alside Aluminum Supply Co.Appellate Division of the Supreme Court of the State of New York · 1973
- Van der Stegen v. Neuss, Hesslein & Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Van Tuyl v. New York Real Estate Security Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Wells v. MerrillAppellate Division of the Supreme Court of the State of New York · 1923
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