Lane v. Beam
New York Supreme Court
Motion for leave to amend summons and complaint. The plaintiff commenced an action upon contract for goods sold, and after obtaining an attachment and order for publication, applied for leave to amend his summons and complaint, so as to make the action “ substantially the common law action of trover and conversion” of the goods.
1Opinion of the CourtMitchell, J.
As this case was stated by the counsel for the plaintiff, and as may be conjectured from the affidavits, the plaintiff commenced his action as in contract, purposely and deliberately, that he might be sure not only of an attachment against the defendant as a non-resident, but also of being able to procure an order for publication against him, which he could not obtain if he proceeded for a tort. Having by this means procured the appearance of the defendant, he moved at special term to change his summons and complaint, so that they should not be on contract, but on tort, for converting the…
2Cases cited1 opinion
- Blue v. StoutNew York Supreme Court · 1824
3Cited by3 opinions
- Weill v. Metropolitan Ry. Co.The Superior Court of the City of New York and Buffalo · 1894
- Weill v. Metropolitan Railway Co.The Superior Court of New York City · 1894
- Woodruff v. DickieThe Superior Court of New York City · 1866