Burnham v. Spooner
Superior Court of New Hampshire
Assumpsit upon a promissory note. The plaintiffs moved to amend by filing a count for goods, wares and merchandize, sold and delivered by the plaintiffs to the defendant, before the date of the note, for which the note was in fact given. The defendant objected to the amendment.
1Opinion of the CourtGreen, J.
The general doctrine is, that the plaintiff cannot be permitted to amend by filing a new count for a cause of action substantially different from that declared on in the first instance.
*166It is not denied, in this case, that the note was given for goods sold by the plaintiffs to the defendant. The goods were the 'ground of the note, and may be said to be the ground of the suit, in one form. The note, when made, was an admission that the claim for the goods was for value received, and contained a promise to pay the amount due for them. It is not, to be sure, on its face, a promise to pay for the…
2Cases cited1 opinion
- Shaw v. SpoonerSuperior Court of New Hampshire · 1838
3Cited by4 opinions
- Merrill v. RussellSuperior Court of New Hampshire · 1841
- Brackett v. CrooksSuperior Court of New Hampshire · 1851
- Chamberlin v. PerkinsSupreme Court of New Hampshire · 1875
- McQuesten v. YoungSuperior Court of New Hampshire · 1848