Dutcher v. Slack
New York Supreme Court
Before Harris, Justice.—The Plaintiff brought his action to recover for the transportation of a quantity of corn from Oswego to Albany. The suit was commenced in April, 1848. The Defendant pleaded the general issue, and the cause was referred and brought to a hearing before the referee on the 4th of August. Upon the hearing, it appeared that one Willham Benedict was jointly interested with the Plaintiff in the profits of the trip when the corn in question was transported.
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Before Harris, Justice.—The Plaintiff brought his action to recover for the transportation of a quantity of corn from Oswego to Albany. The suit was commenced in April, 1848. The Defendant pleaded the general issue, and the cause was referred and brought to a hearing before the referee on the 4th of August. Upon the hearing, it appeared that one Willham Benedict was jointly interested with the Plaintiff in the profits of the trip when the corn in question was transported. When this fact was disclosed, the Plaintiff’s counsel proposed to amend his declaration by adding the name of Benedict as…
1Opinion of the Court
Harris, Justice.
The 149th section of the code authorizes the court, *323at any stage in the progress of an action, to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of any party, or mistake in any other respect, or by inserting other allegations material to the case, or Try conforming the pleading or proceeding to the facts proved whenever such amendment shall not change substantially the cause of action or defence. The very terms of the section are sufficient to show that it was the intention offhe framers of the code to…
2Cited by1 opinion
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