Discount Corporation v. . Butler

On 24 June, 1929, the plaintiff issued a summons against the defendant and said summons and the complaint attached thereto was duly served on 27 June, 1929. The complaint alleged that the defendant was indebted to the plaintiff in the sum of $687.07 with interest, and that said indebtedness grew out of an automobile transaction. Without notice to the defendant, the plaintiff applied to the deputy clerk of the Superior Court on 12 August, 1929, for permission to amend the complaint by inserting therein an allegation of fraud on the part of defendant in contracting the indebtedness sued for in…