Utica Insurance Co. v. Scott
New York Supreme Court
Assumpsit against the defendant, as endorser of a prom» issory note to the plaintiffs. The defendant pleaded a special plea, to which the plaintiffsreplied ; and the defendant demurred to the replication, and the plaintiffs joined in demurrer. The supreme court gave judgment for the defendant, on the ground that the replication was defective, and held the plea good. This was in May term, 1821. (See 19 John.
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Assumpsit against the defendant, as endorser of a prom» issory note to the plaintiffs. The defendant pleaded a special plea, to which the plaintiffsreplied ; and the defendant demurred to the replication, and the plaintiffs joined in demurrer. The supreme court gave judgment for the defendant, on the ground that the replication was defective, and held the plea good. This was in May term, 1821. (See 19 John. Rep. 1, S. C.) On error to the court for the correction of errors, (December session, 1826)) the judgment of the supreme court was reversed, on the ground that the plea was defective for…
1Opinion of the Court
Curia.
Allowing this amendment is a matter of discretion. It is objected that the application comes too late ; the proceedings being no longer in paper, as it is expressed in England. This might formerly have been an objection ; but it is not so at this day, when a much greater latitude than formerly prevails in favor of amendments. It will be seen by consulting the authorities, that courts have, of late, not confined themselves strictly to cases where proceedings may be said to be in paper; but they have been guided by the question whether substantial justice requires the amendment, at…
2Cited by4 opinions
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