New York State Monitor Milk Pan Ass'n v. Remington Agricultural Works
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 23, 1881, which reversed an order of Special Term denying a motion on the part of plaintiff for leave to amend the summons and complaint herein, by striking out the name of the defendant and inserting in its stead the names of three individuals as defendants, and by inserting the necessary averments required by reason of such change.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 23, 1881, which reversed an order of Special Term denying a motion on the part of plaintiff for leave to amend the summons and complaint herein, by striking out the name of the defendant and inserting in its stead the names of three individuals as defendants, and by inserting the necessary averments required by reason of such change. The order of General Term granted the motion. (Reported below, 25 Hun, 475.)
1Per curiam
The order to amend in this case authorizes the striking out of the name of the defendant and the insertion of the names of three persons as defendants in lieu thereof. Its effect is to continue the action against other and different parties than the one named, thus substituting a causé of action with, new and other defendants. Such an amendment is not we think, authorized by any provision of the Code or any of the adjudged eases. Section 723 of the Code of Civil Procedure does not cover any such case. While full authority is conferred for adding or striking out the name of a person or a…
2Cited by41 opinions
- Gans v. BeasleyNorth Dakota Supreme Court · 1894
- Goldstein v. Peter Fox Sons Co.North Dakota Supreme Court · 1912
- Blue Ridge Electric Membership Corp. v. Grannis Bros.Supreme Court of North Carolina · 1950
- Gittleman v. . FeltmanNew York Court of Appeals · 1908
- Munzinger v. Courier Co.New York Supreme Court · 1894
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