Betts v. Hoyt
Supreme Court of Connecticut
This was an action on a promissory note. The declaration alleged, that the defendant, in and by a certain writing or note, by him well executed, dated the 20th day of June, 1838, promised the plaintiff, for value received, to pay him the sum of 213 dollars, with interest; as by said writing or note, ready in court to be produced, will appear ; nevertheless, the defendant, his said promise and undertaking not regarding, hath never performed the same, nor paid said sum of…
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This was an action on a promissory note. The declaration alleged, that the defendant, in and by a certain writing or note, by him well executed, dated the 20th day of June, 1838, promised the plaintiff, for value received, to pay him the sum of 213 dollars, with interest; as by said writing or note, ready in court to be produced, will appear ; nevertheless, the defendant, his said promise and undertaking not regarding, hath never performed the same, nor paid said sum of money, or any part thereof, though often requested and demanded so to do. The defendant pleaded non-assumpsit; and on that…
1Opinion of the CourtChurch, J.
The allowance, or disallowance, of amendments, is within the discretionary power of the courts, in the absence of statute regulations. The time, beyond which an amendment may not be allowed, has not been prescribed, by any statute of this state. At common law, amendments of pleadings have been permitted, at any time before judgment. Co. Litt. 280. 1 Petersd. Abr. 504. 539. a. And the same has been permitted, in special cases, in the state of New-York, and by the courts in other states. 18 Johns. Rep. 510. 2 Cowen 515. 4 Cowen 124. 7 Cowen 483. 518.
In this state, the courts, in the exercise of…
2Cited by4 opinions
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