Union Bank v. Mott
New York Supreme Court
Appeal from order allowing amendment of complaint. This action was commenced in March, 1859 ; the complaint charged the defendants with an indebtedness of $141,586, for moneys fraudulently obtained from plaintiff between the first day of January, 1849, and the 16th day. of March, 1858, by means of overdrafts and false entries in the books of account of the plaintiff, in collusion and with the aid of a book-keeper in the employ of the plaintiff during that time.
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Appeal from order allowing amendment of complaint. This action was commenced in March, 1859 ; the complaint charged the defendants with an indebtedness of $141,586, for moneys fraudulently obtained from plaintiff between the first day of January, 1849, and the 16th day. of March, 1858, by means of overdrafts and false entries in the books of account of the plaintiff, in collusion and with the aid of a book-keeper in the employ of the plaintiff during that time. A judgment was obtained by default against the defendant, Garrett S. Mott; the default was afterwards opened on terms, but the…
1Opinion of the Court
By the Court.*—E. Darwin Smith, J.
The first question presented upon this appeal is, whether or not the order of the special term is reviewable. The power of this court to amend a complaint in any stage of the action, by allowing the plaintiff to insert a new count therein, cannot be doubted. An application for leave to make such amendment is addressed to the sound judicial discretion of the court. The exercise of this discretion is among the most embarrassing duties cast upon the courts, and yet its existence and exercise is indispensable to the proper administration of public justice.
It is…
2Cases cited23 opinions
- BaileyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Pease v. MorganNew York Supreme Court · 1811
- Fidler v. CooperNew York Supreme Court · 1838
- Bowman v. EarleThe Superior Court of New York City · 1854
- People v. HolmesNew York Supreme Court · 1830
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3Cited by6 opinions
- Robertson v. RobertsonNew York Court of Common Pleas · 1880
- Ford v. FordNew York Supreme Court · 1868
- Yates v. FrenchWisconsin Supreme Court · 1870
- Fuller v. ClaflinSupreme Court of the United States · 1876
- Bowman v. De PeysterNew York Court of Common Pleas · 1867
1 more not listed; retrieve them via the Exa API.