Bostwick v. Menck
New York Court of Common Pleas
Appeal from an order granting the plaintiff leave to file- a supplemental complaint. This action was instituted March 16th, 1857, by the plaintiff, as receiver, in proceedings supplementary to execution issued against the defendant Beiser, upon a judgment for $201 60, recovered against him by one Dolan, for the purpose of setting aside a general assignment made by Beiser to the defendant Menck, for the benefit of his creditors, as fraudulent as against Dolan.
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Appeal from an order granting the plaintiff leave to file- a supplemental complaint. This action was instituted March 16th, 1857, by the plaintiff, as receiver, in proceedings supplementary to execution issued against the defendant Beiser, upon a judgment for $201 60, recovered against him by one Dolan, for the purpose of setting aside a general assignment made by Beiser to the defendant Menck, for the benefit of his creditors, as fraudulent as against Dolan. The complaint, which was served September 10th, 1857, also alleged the appointment of the plaintiff as receiver, in supplementary…
1Opinion of the Court
By the Court.†—Robinson, J.—[After stating the facts.]
The province of a supplemental complaint is to present such facts, material to the ease, occurring after the former complaint (Code, § 177), as give aid to, or tend to vary the relief to which the plaintiff was entitled by, his original statement of a cause of action, or to perfect an inchoate right so stated, which has since been made or become complete.
Imperfections in the complaint, in allegations affecting the rights sought to be enforced, are to be remedied by amendment, although the Code (§ 177) allows the correction by supplemental…
2Cases cited3 opinions
- Murray v. HayNew York Court of Chancery · 1845
- Milner v. MilnerNew York Court of Chancery · 1833
- Wattson v. ThibouNew York Supreme Court · 1863
3Cited by7 opinions
- Olney v. TannerDistrict Court, S.D. New York · 1882
- Halsted v. HalstedNew York Court of Common Pleas · 1894
- Banigan v. Village of NyackAppellate Division of the Supreme Court of the State of New York · 1898
- Corrigan v. RitterNew York Supreme Court · 1891
- Gambling v. HaightNew York Court of Common Pleas · 1874
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