Wilson v. Smith
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Albert Wilson against George W. Smith to recover $542.30 for so much money “laid out and expended for and at the request of the defendant.”
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Appeal from special term. Action by Albert Wilson against George W. Smith to recover $542.30 for so much money “laid out and expended for and at the request of the defendant.” The action was commenced April 8, 1890, and 10 days afterwards the plaintiff served a bill of particulars of his demand, the first item of which was for “cash loaned defendant, $234.” The answer, which consisted of a “general denial,” was served May 5, 1890. No further proceedings were taken until November 5, 1890, when the plaintiff moved to amend the complaint by making it conform to his bill of particulars, by…
1Opinion of the CourtMcAdam, J.
The amendment allowed did not increase the amount of the plaintiff’s demand, which was to recover $542.30, and merely allowed him to state the fact that $234 of it was a separate item for cash loaned, the remainder of the claim being for so much money paid, laid out, and expended, as charged in the original complaint. The moneys expended were paid out between January 1, 1884, and J uly 1, 1884. The loan was made J une 8, 1884, so that, nothing was- imported into the complaint by the amendment, except that which was necessary to apprise the defendant of the nature of the demand against him.…
2Cases cited2 opinions
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- Sheldon v. AdamsNew York Supreme Court · 1863
3Cited by2 opinions
- Weill v. Metropolitan Ry. Co.The Superior Court of the City of New York and Buffalo · 1894
- Weill v. Metropolitan Railway Co.The Superior Court of New York City · 1894