Harris v. Wadsworth
New York Supreme Court
THIS was an action of covenant, upon a covenant of seisin in a deed. moved to amend the declaration in this cause, by adding certain words men- ’ J _ tioned in the notice, and also a new and distinct count, upon the covenant for quiet enjoyment, contained in the deed. read an affidavit, stating that pleas were put in, in September, 1806, to which the plaintiff demurred, and the defendant joined in demurrer; that the demurrer was noticed for argument in November term, 1806,…
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THIS was an action of covenant, upon a covenant of seisin in a deed. moved to amend the declaration in this cause, by adding certain words men- ’ J _ tioned in the notice, and also a new and distinct count, upon the covenant for quiet enjoyment, contained in the deed. read an affidavit, stating that pleas were put in, in September, 1806, to which the plaintiff demurred, and the defendant joined in demurrer; that the demurrer was noticed for argument in November term, 1806, at which term, on notice of a motion to that purpose, the plaintiff, by leave of the court, withdrew the demurrer, on…
1Per curiam
The case of Sackett v. Thompson was much stronger than the present. The court have a liberal discretion in regard to amendments, and we think it reasonable in this case, that the motion should be granted.
Rule granted.
2Cited by2 opinions
- The HarmonyU.S. Circuit Court for the District of Massachusetts · 1812
- Woodruff v. DickieThe Superior Court of New York City · 1866