Smith v. Bellefonte Trust Co.

Fleming, P. J.,

— The matter before us is a rule upon the defendant to show cause why the statement of claim filed herein should not be withdrawn and an amended statement filed in lieu thereof. The defendant resists the rule and assigns as reasons therefor the following:

1. Because said amended statement sets forth a new cause of action.

2. Because more than six years have elapsed since a portion of the alleged original cause of action arose, and the amended statement cannot be allowed as to any alleged items in the original statement accruing prior to six years of the date of said amendment.

The…