Peck v. Ward

A complaint cannot be amended, by the introduction of new defendants, and of allegations of fact constituting a new and distinct cause of action, if the new defendants cannot be affected by the original cause of action, or are not necessary parties to its complete determination.

At Chambers,

before Duer, J.

Motion on the part of the plaintiff to amend complaint by inserting averments in relation to a subject not referred to in the original complaint, and by introducing two other persons as defendants. Held, that as the proposed amendments embraced a new and distinct cause of action…