Mutual Brewing Co. v. New York & College Point Ferry Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York and College Point-Ferry Company, from an order of the Supreme Court, made at theWestchester Special Term and entered in the office of the clerk of the county of Queens on the 28th day of January, 1897, amending the summons by striking out the name of the plaintiff and inserting in lieu thereof the name of the Karsch Brewing Company.
1Opinion of the Court
Bradley, J. :
The purpose of the action is to recover damages which it is' -alleged the plaintiff sustained for the loss of=merchandise, occasioned by the negligence of the defendant. The leading objection made by the defendant to the allowance of the amendment of the-summons is that- when the action was commenced no right of action was in the plaintiff for such relief, and that it then had no legal capacity to sue. This objection is founded Upon the fact that in June, 1893, one Edward Duffy was appointed receiver of the property of the plaintiff in an action brought by Paul Iialpin against…
2Cases cited3 opinions
- New York State Monitor Milk Pan Ass'n v. Remington Agricultural WorksNew York Court of Appeals · 1882
- Herring v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1887
- Dickey v. BatesNew York Supreme Court · 1895
3Cited by3 opinions
- Propper v. ClarkSupreme Court of the United States · 1949
- Clark v. PropperCourt of Appeals for the Second Circuit · 1948
- Propper v. ClarkSupreme Court of the United States · 1949