Gratz v. Phillips
Supreme Court of Pennsylvania
A CCOUNT render against the executors of Simon, wh~ was stated by the writ to have been the bailiff and receiv~ er of Michael Gràtz. Pleas, never bailiff or receiver, and mliv accounted.
1Opinion of the Court
Amendment of a declaration in account render permitted, by adding to a count which charged the defendants' testator as bailiff and receiver of the plaintiff, a count charging him as bailiff &c. of the plaintiff as surviving partner of A. although the writ corresponded with the first count.
Raule on a former day obtained a rule to shew cause why the declaration should not be amended by inserting a count in which the plaintiff was described as ~surviving partner, and his interest as having been held by him jointly with a certain Barnard Gratz deceased; and now in support of the rule, he ci• ted…
2Cited by5 opinions
- Coxe v. TilghmanSupreme Court of Pennsylvania · 1836
- Diehl v. M'GlueSupreme Court of Pennsylvania · 1830
- Bixler v. KunkleSupreme Court of Pennsylvania · 1828
- Bogart v. M'DonaldNew York Supreme Court · 1801
- Franklin ex rel. Gross v. MackeySupreme Court of Pennsylvania · 1827