Wooster v. Bateman
The Superior Court of New York City
Appeal from order denying plaintiff’s motion for leave to serve an amended complaint The following is the opinion of the court below:
1Opinion of the CourtMcAdam, J.
The actions were commenced in 1877 and 1878 ;■ have been tried and retried. The plaintiff now moves to amend the complaint in material respects. Laches are sufficient to defeat, the motion. Thus, motions to amend a complaint so as to completely change it, made three years after issue joined, and nine years after the transaction, were denied for laches. Oowdy v. *57Poullain, 2 Hun, 218; Egert v. Wicker, 10 How. Pr., 193; Sheldon v. Adams, 18 Abb. Pr., 405 ; 41 Barb., 54; 27 How. Pr., 179, and Brusie v. Peck, 6 St. Rep., 709; Johnson v. American Writing Machine Co., 22 St. Rep., 429. Considering…
2Cases cited2 opinions
- Sheldon v. AdamsNew York Supreme Court · 1863
- Egert v. WickerNew York Supreme Court · 1854