Kelsey v. Punderford
Supreme Court of Connecticut
Action upon the common counts, brought to the Superior Court in New Haven County where the plaintiff’s bill of particulars was stricken from the files (Gager, J.'), a proposed amendment of the complaint was disallowed (George W Wheeler, J.), and judgment of nonsuit was rendered, from which plaintiff appealed.
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Action upon the common counts, brought to the Superior Court in New Haven County where the plaintiff’s bill of particulars was stricken from the files (Gager, J.'), a proposed amendment of the complaint was disallowed (George W Wheeler, J.), and judgment of nonsuit was rendered, from which plaintiff appealed. The original complaint dated July 28th, 1902, and returnable the first Tuesday of September of that year, contained only the common counts as given in Form 85, Practice Boob, page 60, and without any allegation of an assignment to the plaintiff of the claim*sued upon. On the 18th of…
1Opinion of the CourtHall, J.
The plaintiff should have been permitted to amend his complaint by filing the proposed new count.
It appears from the memorandum of the trial judge that the motion to so amend was denied, “ not as a matter of discretion, but on the authority of Goodrich v. Alfred, 72 Conn. 257.” In that case, which was an action upon a contract of sale, it was held that as the plaintiff had sued only in his individual capacity, and as the complaint contained no allegation of any assignment of the claim sued upon, or that the plaintiff was the actual and bona fide owner of it, that part of the common counts…
2Cases cited5 opinions
- Dunnett v. ThorntonSupreme Court of Connecticut · 1900
- Goodrich v. StantonSupreme Court of Connecticut · 1899
- Goodrich v. AlfredSupreme Court of Connecticut · 1899
- New York Breweries Corp. v. BakerSupreme Court of Connecticut · 1896
- Forbes v. RoweSupreme Court of Connecticut · 1880
3Cited by7 opinions
- Rinehart v. PirkeySupreme Court of Virginia · 1919
- Lakitsch v. BrandSupreme Court of Connecticut · 1923
- City of Rawlins v. JungquistWyoming Supreme Court · 1908
- Gallup v. Thomas B. Jeffery Co.Supreme Court of Connecticut · 1912
- Hoggson & Pettis Manufacturing Co. v. SearsSupreme Court of Connecticut · 1905
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