Legal Opinion

Thomas v. American Molasses Co.

Appellate Division of the Supreme Court of the State of New York

Decided October 24, 1913PublishedCited by 4 opinions

Appeal by the defendant, American Molasses Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 30th day of July, 1913.

1Per curiam

This is an appeal from an order denying a motion to resettle the case on appeal with respect to four proposed amendments thereto, numbered 6, 8, 12 and 13.

The courts do not look with favor upon contests of this character, and the orderly administration of the law requires that the determination of the court at Special Term with regard to what occurred during the trial shall be conclusive, unless there is a manifest abuse of power. (Ditmas v. McKane, 87 App. Div. 54.)

With regard to the proposed amendments 6, 8 and 12, neither the case as actually proposed nor the case as settled by the trial…

2Cases cited1 opinion

  1. Ditmas v. McKaneAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by4 opinions

  1. People v. McGoldrickAppellate Division of the Supreme Court of the State of New York · 1954
  2. In re Bonnie RR.Appellate Division of the Supreme Court of the State of New York · 1988
  3. McLaughlin v. United Airlines, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
  4. Thomas v. American Molasses Co.Appellate Division of the Supreme Court of the State of New York · 1913

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