Jefferson v. Hotel Cape May
Supreme Court of New Jersey
On motion to amend summons and declaration.
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
This is a motion to amend a summons and declaration by substituting Cape May Hotel Company for Hotel Cape May as the name of the corporation defendant. The ease differs from Maitland v. Worthington, 30 Vroom 114, in the fact that here there was an actual service of summons and the only error was in naming the corporation. The proper officer must have been served, since the Cape May Hotel, Company appears and files a plea in abatement of misnomer. . At common law, even in the absence of a statute like ours, an amendment was permitted after a…
2Cases cited2 opinions
- Hubbard v. Montross Metal Shingle Co.Supreme Court of New Jersey · 1909
- Maitland v. WorthingtonSupreme Court of New Jersey · 1896
3Cited by3 opinions
- Patrick v. BragoNew Jersey Superior Court Appellate Division · 1949
- Kostrob v. RileySupreme Court of New Jersey · 1928
- Lord's Cut Flower Co. v. CurcioSupreme Court of New Jersey · 1943