Troy & Boston Railroad v. Tibbits
New York Supreme Court
Motion to amend complaint. On the first of May, 1849, the defendant, with sundry other persons, signed an instrument whereby, after reciting that the legislature had passed an act to determine the public utility of a railroad from the city of Troy to the easterly line of the county of Rensselaer, and to authorize the organization of a corporation for that purpose, they agreed to take the amount of stock placed opposite their respective names, upon certain conditions therein…
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Motion to amend complaint. On the first of May, 1849, the defendant, with sundry other persons, signed an instrument whereby, after reciting that the legislature had passed an act to determine the public utility of a railroad from the city of Troy to the easterly line of the county of Rensselaer, and to authorize the organization of a corporation for that purpose, they agreed to take the amount of stock placed opposite their respective names, upon certain conditions therein specified. The amount thus subscribed by the defendant was $20,000. The defendant, and' other persons who had signed the…
1Opinion of the Court
Harris, Justice.
I regard it as very much a matter of course to allow any party to shape his own .pleadings to suit himself, and for that purpose to permit him, at any time before trial, to amend his pleadings so as to present his own views of the questions to be litigated, upon such terms as may be deemed ■ equitable. There is now no restriction upon the power of the court to allow such amendments, even though the effect be to change entirely the whole cause of action, or the grounds of defence. It is only when a party seeks to amend his pleadings after trial, that the court is prohibited…
2Cases cited1 opinion
- United States v. CarrSupreme Court of the United States · 1849
3Cited by9 opinions
- Vibbard v. RoderickNew York Supreme Court · 1868
- Union Bank v. MottNew York Supreme Court · 1860
- Ferris v. HardSuperior Court of Buffalo · 1893
- Woodruff v. DickieThe Superior Court of New York City · 1866
- Julio v. Equitable Life Assurance SocietyCity of New York Municipal Court · 1886
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