Waterbury Manufacturing Co. v. Krause
New York Court of Common Pleas
Appeal from an order granting leave to the plaintiff to discontinue, without costs, as against one defendant, and to amend by substituting tbe name of another. The facts appear in the opinion of the court.
1Opinion of the CourtHiltoN, J.
— This action is brought upon two promissory notes, made by the firm of I. Krause & Bro. By mistake, Moritz Krause was named as one of the defendants instead of Henry Krause, but no summons or complaint was served on him. He, however, appeared, and put in an answer denying that he ever was a partner of Isidore Krause, or that the notes were the partnership notes of the defendants named. The plat^iffs, upon discovering their error, applied, at special term, for leave to discontinue the action against the defendant Moritz Krause, without costs, and also to insert Henry Krause in place of Moritz…
2Cited by3 opinions
- Weidman v. SibleyAppellate Division of the Supreme Court of the State of New York · 1897
- Miller v. FissAppellate Terms of the Supreme Court of New York · 1897
- Weidman v. SibleyAppellate Division of the Supreme Court of the State of New York · 1897