Hamilton v. Mendham
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Peter Hamilton against Maurice B. Mendham. From an order of the City Court of the City of New York, permitting plaintiff to amend his complaint, defendant appeals.
1Opinion of the CourtGerard, J.
The issues of fact came to trial at a Trial Term of the City Court. A jury was impaneled. The complaint did not state facts to constitute a cause of action, in that there was no allegation of negligence on defendant’s part. A motion to dismiss on this ground was made by defendant. Plaintiff moved for leave to amend his complaint by inserting an allegation of defendant’s negligence, and the court granted this motion, making an order to that effect, and setting the case over the term.
The court at Trial Term has not the power to allow an amendment which sets up a new cause of action or…
2Cases cited4 opinions
- Audley v. TownsendAppellate Division of the Supreme Court of the State of New York · 1908
- Wheeler v. HallAppellate Division of the Supreme Court of the State of New York · 1900
- Thilemann v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- Abbott v. MeinkenAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Fishman v. BaumsteinAppellate Terms of the Supreme Court of New York · 1914