Perley v. Brown
Superior Court of New Hampshire
Assompsit, upon an account annexed, and for money had and received. The action was commenced in favor of John L. Perley, against John L. Perley and William Brown, as copartners. At the first term, on motion, the plaintiff had leave to amend by striking out the name of John L. Perley, defendant. Leave was also granted at the same term to file the count for money had and received, and an auditor was appointed.
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Assompsit, upon an account annexed, and for money had and received. The action was commenced in favor of John L. Perley, against John L. Perley and William Brown, as copartners. At the first term, on motion, the plaintiff had leave to amend by striking out the name of John L. Perley, defendant. Leave was also granted at the same term to file the count for money had and received, and an auditor was appointed. The auditor found a balance due the plaintiff, on the account annexed, amounting to $34-25. Before the commencement of this suit, a partnership had existed between said parties, and the…
1Opinion of the CourtParker, C. J.
An objection to an amendment, previously allowed by the court, cannot be taken at the trial of the cause, or on a hearing upon an auditor’s report. If the amendment be one within the discretion of the court, the propriety of its allowance cannot be reexamined, after the amendment is admitted, unless some question is then reserved for subsequent consideration.
Whether there can be any relief, if the amendment allowed be for a different cause of action; and if so, what is the proper remedy, are questions we need not settle at this time.
But the amendment allowed in this case, discharging one of…
2Cited by2 opinions
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