Hoff v. Coumeight
New York Court of Common Pleas
Appeal from city court, general term. Action by Louise Hoff, as administratrix of Philibertha Legry, deceased, against Jean Coumeight for conversion. From a judgment of the general term of the city court (32 H. Y. S. 1144), affirming a judgment entered on a verdict in favor of plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtBischoff, J.
The action was in conversion, and at the trial, Lefore any evidence was taken, the defendant’s counsel moved the *1053dismissal of the complaint for insufficiency in substance. The motion was denied, and the complaint was not thereafter amended.
We think that the exception to the ruling presents error for which the judgment rendered at trial term of the court below would have to be reversed but for the waiver and substitution of a cause of action differing from the one attempted to be alleged in the complaint, and hereinafter referred to. Baylie, Trial Prac. 169, and cases collated. It was alleged…
2Cases cited11 opinions
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Frear v. . SweetNew York Court of Appeals · 1890
- Knapp v. . SimonNew York Court of Appeals · 1884
- Myers v. CohnNew York Court of Common Pleas · 1893
- Deeley v. . DwightNew York Court of Appeals · 1892
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3Cited by1 opinion
- Kafka v. LevensohnAppellate Terms of the Supreme Court of New York · 1896