Miller v. Watson
New York Supreme Court
Motion to amend declaration. The defendant had sold lands to the plaintiff, and executed a deed with warranty. An action of ejectment was commenced against the plaintiff by a third person, and the plaintiff, by the advice of the defendant, surrendered possession to the claimant, upon the promise of the defendant to repay to him such part of the consideration money as had been received of him, together with the interest thereof; a statement was made by the defendant on the…
Read the full summary
Motion to amend declaration. The defendant had sold lands to the plaintiff, and executed a deed with warranty. An action of ejectment was commenced against the plaintiff by a third person, and the plaintiff, by the advice of the defendant, surrendered possession to the claimant, upon the promise of the defendant to repay to him such part of the consideration money as had been received of him, together with the interest thereof; a statement was made by the defendant on the 15th July, 1816, of monies received by him of the plaintiff, which, with the interest thereon, amounted to $1026,85. In…
1Opinion of the Court
By the Court,
Sutherland, J.
In the case of Sackett v. Thompson, 2 Johns. R. 206, the court refused to allow an amendment by the substitution of a new count, or the adding of new counts, it appearing that after a trial, and before the jury rendered their verdict, the plaintiff had voluntarily submitted to a nonsuit, brought a new suit for the same cause of action, and four times noticed the last suit for trial. From the remark in that case, that the statute of limitations had not run out, and from the adjudged cases adverted to by the court, it is manifest that circumstance had a controlling…
2Cited by10 opinions
- Hodges v. KimballCourt of Appeals for the Fourth Circuit · 1899
- Wilcox v. KassickMichigan Supreme Court · 1851
- Balcom v. WoodruffNew York Supreme Court · 1849
- Union Bank v. MottNew York Supreme Court · 1860
- Flower's Executors v. GarrNew York Supreme Court · 1839
5 more not listed; retrieve them via the Exa API.