Beck v. Stephani
New York Supreme Court
P. A. Milberg, of Hamburgh, Germany, consigned to the plaintiffs four different shipments of merchandize, with instructions to deliver the same to Jacob Ryback, one of the defendants, upon payment of the freight and expenses. Upon the arrival, in December last, of two of the consignments, by the ships Rastede and Donan, they delivered to Ryback the bills of lading for them, on receiving from him the amount which they demanded for those charges.
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P. A. Milberg, of Hamburgh, Germany, consigned to the plaintiffs four different shipments of merchandize, with instructions to deliver the same to Jacob Ryback, one of the defendants, upon payment of the freight and expenses. Upon the arrival, in December last, of two of the consignments, by the ships Rastede and Donan, they delivered to Ryback the bills of lading for them, on receiving from him the amount which they demanded for those charges. Soon after this, the plaintiffs received notice from Milberg, and from other defendants in this action, that the latter claimed to be entitled to the…
1Opinion of the Court
Clerke, Justice.
The facts charged against Stephani in the amended complaint ought strictly to have been brought before the court by a supplemental complaint; because, according to the plaintiffs’ own statement, they have occurred since the original complaint was presented; Hornfager agt. Hornfager, (6 How. P. R. 13; 1 Barb. Ch., p. 207; 2 id. 63, 64;) and although Stephani alleges that these facts occurred prior to that time, yet, on this inquiry, we can only regard the statements in the complaint.
Is this defect, however, an irregularity or a nullity 'l If only the former, it cannot be…
2Cited by3 opinions
- Du Bois v. Union Dime Sav. Inst.New York Supreme Court · 1895
- Baltimore & Ohio Railroad v. ArthurNew York Supreme Court · 1881
- Cronin v. CroninCity of New York Municipal Court · 1886