Devery v. Winton Motor Carriage Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, Eighth' District, borough of Manhattan.
1Opinion of the CourtScott, J.
It is true that the amendment of the complaint changed the cause of action from one for “ breach of contract” to one for “moneys had and received.” Such an *627amendment was within the power of the court; and, as the record shows that no opposition thereto was made by defendant, and no exception taken, and no application for ■adjournment made, no question is raised thereby for review upon appeal. The case as made justified a recovery. Briggs v. Boyd, 56 N. Y. 289. The cases relied upon by defendant to sustain the contention that the Municipal Court has no jurisdiction to entertain an, action upon…
2Cases cited4 opinions
- Briggs v. . BoydNew York Court of Appeals · 1874
- Pache v. OppenheimAppellate Division of the Supreme Court of the State of New York · 1904
- Harrington v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Goldstein v. AbramsonAppellate Terms of the Supreme Court of New York · 1904
3Cited by4 opinions
- Halkin v. HumeCity of New York Municipal Court · 1924
- Empire State Surety Co. v. NelsonAppellate Division of the Supreme Court of the State of New York · 1910
- Swiss Air Transport Co. v. BennAppellate Terms of the Supreme Court of New York · 1985
- Wilkenfeld v. LynnAppellate Terms of the Supreme Court of New York · 1907