Thedford v. Reade
Appellate Terms of the Supreme Court of New York
Appeal from a judgment, in favor o-f the defendant, rendered in the Municipal Court of the city of Hew York, tenth district, borough of Manhattan.
1DissentMacLean, J.
The sole question presented upon this appeal is whether the justice below should or should not have allowed a change of pleadings upon the trial under the Code of Civil Procedure, section 2944, reading: “ The court must upon application allow a pleading to be amended, at any time before the trial, or during the trial, or upon appeal, if substantial justice will be promoted thereby.” ,
The plaintiff alleged in his verified complaint that he, between the 7th and 16th of September, 1897, at the special instance and request of the defendant, sold and delivered to him coal and wood of the…
2Cases cited2 opinions
- Bush v. . ProsserNew York Court of Appeals · 1854
- Thedford v. ReadeAppellate Terms of the Supreme Court of New York · 1898