Backes v. Mechanics & Traders' Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas J. Backes, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of November, 1908, denying the plaintiff’s motion to compel the defendant to accept service of an amended complaint.
1Opinion of the Court
Ingraham, J.:
The action was commenced by the service of a summons and complaint, and the defendant demurred to the complaint. This demurrer was sustained, the plaintiff being allowed to serve an amended complaint upon payment of costs. The plaintiff accepted the leave thus granted, paid the costs, and served an amended complaint on the 28th day of July, 1908.
The defendant served its answer on August thirty-first, and within twenty days thereafter the plaintiff served an amended complaint, claiming a right to amend as of course under section 542 of the Code of Civil Procedure. This pleading…
2Cited by8 opinions
- Hall v. Galban & Co.Appellate Division of the Supreme Court of the State of New York · 1914
- O'Connell v. WilsonAppellate Division of the Supreme Court of the State of New York · 1914
- Orlik v. National Carbon Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Guenther v. Ridgway Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Woolson Spice Co. v. Columbia Trust Co.New York Supreme Court · 1920
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