Washington Life Insurance v. Scott
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Blair T. Scott, from an order of the Supreme Court, made at the New York Special Term and entered ■in the office óf ,the cleric of the county of New York on the 27th day, of March, 1907, denying the defendant’s motion for leave t« serve an amended answer.
1Opinion of the Court
McLaughlin, J.:
This appeal is from an order denying defendant’s motion for leave to serve an amended answer. The action is brought to recover a certain sum of money alleged to have been collected by the defendant while acting as the agent of the plaintiff.
The answer interposed denied the material allegations of the complaint and alleged, as a separate defense, the pendency in another jurisdiction of a prior action between the same parties, involving the same subject-matter. The action was commenced April 25, 1905, and issue joined on the 29tli of June following. The motion for leave to amend…
2Cases cited2 opinions
- Muller v. City of PhiladelphiaAppellate Division of the Supreme Court of the State of New York · 1906
- Horowitz v. GoodmanAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by15 opinions
- De Fabio v. Nadler Rental Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1967
- Fitzgerald Bros. Construction Co. v. StateNew York Court of Claims · 1947
- Housing & Development Administration v. Community Housing Improvement Program, Inc.Civil Court of the City of New York · 1975
- Merrihew v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1912
- Quarantiello v. Grand Trunk Railway Co. of CanadaAppellate Division of the Supreme Court of the State of New York · 1911
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