De Camp v. . McIntire
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 3, 1887, which reversed a judgment in favor of plaintiff, entered upon an order denying plaintiff’s motion to amend his complaint and dismissing tlie complaint, reversed the order so far as it dismissed the complaint and ordered a new trial The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 3, 1887, which reversed a judgment in favor of plaintiff, entered upon an order denying plaintiff’s motion to amend his complaint and dismissing tlie complaint, reversed the order so far as it dismissed the complaint and ordered a new trial The nature of the action and the facts are sufficiently stated in the opinion. Defendant having accepted the benefit of the order of April fifteenth forever estopped himself from disputing its propriety in any respect. (Smith v. Rathbun, 75 N. Y. 112;…
1Opinion of the CourtFinch, J.
We do not think that the circumstances of the trial put the plaintiff in the attitude of consenting to the judgment of nonsuit rendered against him, or debar him from , assailing that judgment as erroneous. When the motion was made it seemed likely to be successful upon the ground that the note upon which he sued was barred by the statute of limitations, and the plaintiff thereupon asked leave to amend his complaint by substituting as his cause of action his claim for lumber sold and delivered, which he declared to have been the original consideration of the note. Thereupon an order was…
2Cited by3 opinions
- Henry v. AgostiniNew York Court of Common Pleas · 1895
- Morris v. ThomasAppellate Division of the Supreme Court of the State of New York · 1903
- Morris v. ThomasAppellate Division of the Supreme Court of the State of New York · 1903