Reed ex rel. Reed v. Fox
Circuit Court of the 15th Circuit of Michigan
Assumpsit on note for $800, dated January 30th, 1866, payable in one year from date, with interest at 10 per cent., purporting to have been signed by the defendants individually. Interest endorsed thereon as paid June 30th, 1867, 1868 and 1869, in three endorsements.
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Assumpsit on note for $800, dated January 30th, 1866, payable in one year from date, with interest at 10 per cent., purporting to have been signed by the defendants individually. Interest endorsed thereon as paid June 30th, 1867, 1868 and 1869, in three endorsements. Declaration, with copy of note and endorsements, and notice of rule to plead, personally served on each of defendants, March 14th, 1870. Plea of general issue, with notice that defendant Paddock would show, in his defense, that he never signed or authorized any one to sign his name to the note, as described in plaintiff’s…
1Opinion of the Court
By the Court,
Upson J.
Under Circuit Court Rule 85, (providing for amendments of course), as amended April 20th, 1860, it is *143provided that “ if the pleading be such as does not require to be answered, it can be amended under this rule only within ten days after filing the same.” The so-called amended plea” and affidavit having been filed more than ten days after the filing of the plea in this case, which did not require to be answered, comes within the prohibition in the Rule, and was filed without authority. The plaintiff’s attorney having returned it with notice of refusal to receive it, (20…
2Cases cited2 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Wirts v. NortonNew York Supreme Court · 1841