Deane v. O'Brien

—The summons asks judgment for $319. No complaint has been filed. The plaintiff moves for leave to amend the summons, and states by affidavit the case of a sale to him of twenty shares of the stock of the New Haven Eailroad Company. He supposed four of these shares were spurious. He has discovered that the whole were so. He applies to amend, by demanding $1,600. If the plaintiff is not allowed to amend, and goes on to judgment for the amount demanded, he will be barred from any future action for the other shares. The whole was one contract of sale, and such contract he must allege in his…