Hoyt v. Sheldon
The Superior Court of New York City
Appeal from an order denying a motion for leave to file a supplemental order. This action was commenced by Jesse Hoyt against Abraham G. Thompson, The Long Island Bailroad Company, and others, in the month of December, 1847. It was brought to recover a debt originally contracted by The Long Island Bailroad Company in favor of the Morris Canal and Banking Company.
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Appeal from an order denying a motion for leave to file a supplemental order. This action was commenced by Jesse Hoyt against Abraham G. Thompson, The Long Island Bailroad Company, and others, in the month of December, 1847. It was brought to recover a debt originally contracted by The Long Island Bailroad Company in favor of the Morris Canal and Banking Company. The latter Company, being indebted to the State of Michigan, in December, 1840, assigned this debt, and others owing to it, to that State, as security for, or in part payment of, what it then owed to that State. It is alleged that…
1Opinion of the Court
By the Court *—Bosworth, J.
—The Code (section 177) provides that a defendant may be allowed, on motion, to make a supplemental answer, alleging facts material to the case, occurring after the former answer, or of which he was ignorant when his former answer was made.
This section provides a uniform mode of bringing before the court, not only facts which existed when the answer was put in, but of which the defendant was ignorant when his answer was interposed, but also matters of defence which arose subsequently.
The first question that arises is, must the court grant every *64such, application as…
2Cases cited4 opinions
- Smith v. SmithNew York Court of Chancery · 1834
- Morgan v. DyerNew York Supreme Court · 1812
- Tuffs v. GibbonsNew York Supreme Court · 1839
- People v. Judges of Ontario Common PleasNew York Supreme Court · 1828
3Cited by6 opinions
- Buckley v. BuckleyNevada Supreme Court · 1877
- Purdy v. Manhattan Ry. Co.New York Court of Common Pleas · 1895
- Gambling v. HaightNew York Court of Common Pleas · 1874
- Jones v. GouldNew York Supreme Court · 1907
- Lyon v. IsettThe Superior Court of New York City · 1871
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