McBride v. Langan
New York Circuit Court
Action by Harry McBride and Charles F. Droste, partners, doing business as produce commission merchants, under the firm name of McBride & Co., against Patrick T. Langan, George E. De le Ree, and Joseph P. Langan, partners under the firm name of P. T. Langan & Co., for the price of goods sold and delivered by plaintiffs to defendants.
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Action by Harry McBride and Charles F. Droste, partners, doing business as produce commission merchants, under the firm name of McBride & Co., against Patrick T. Langan, George E. De le Ree, and Joseph P. Langan, partners under the firm name of P. T. Langan & Co., for the price of goods sold and delivered by plaintiffs to defendants. Pursuant to leave previously granted, (10 H. Y. Supp. 554,) plaintiff withdrew a juror at the trial of the cause, and amended his complaint, and now moves to have the case restored to the day calendar, and set for trial. See, also, 10 H. Y. Supp. 552.
1Opinion of the CourtIngraham, J.
By the service of the amended complaint in this action, and the answer to that amended complaint, a new issue was raised which must be noticed for trial. Undoubtedly the court had the power as a condition for granting the amendment to require that the former notice of trial should stand, but no such order was made. I think, therefore, the plaintiff must notice the case regularly for trial before it can be set down for trial.
Application denied.
2Cited by1 opinion
- Myers v. Metropolitan Elevated Railway Co.New York Court of Common Pleas · 1890