Rowell v. Janvrin
New York Supreme Court
Appeal from special term, ¡New York county. Action by George P. Rowell and others against Joseph E. Janvrin. From an order allowing an amendment to the complaint, defendant appeals.
1Per curiam
We are of the opinion that the court erred in permitting the amendment of the complaint by the order appealed from. The cause of action sought to be set up by the amended complaint was entirely independent of, and had no relation to, that which had been alleged in the original complaint. In the original complaint a liability of a stockholder was sought to be enforced because of the failure to file a certificate that the whole of the capital stock had been paid in, under sections 10 and 11 of the manufacturers’ act. By the amended complaint a liability upon the part of the stockholder was…
2Cited by1 opinion
- Rowell v. MoellerNew York Supreme Court · 1895