Hawkes v. Burke
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court - of the city of Hew York, second district, borough of The Bronx, in favor of the defendant.
1Opinion of the CourtO’Gorman, J.
This action was brought to recover on an account stated, and upon the trial the plaintiff moved to amend by alleging a cause of action for services rendered at the request of the defendant. The- motion was denied, the learned justice basing his decision upon want of power. In this ruling, we think error was committed. While the rule is well settled in the courts of record that the power of amendment on the trial does not extend to a new cause of action or a new defense, yet this limitation has no application to actions in the Municipal Court. In a court of record, where a party seeks, by…
2Cases cited2 opinions
- Dows v. MorrisonNew York Court of Common Pleas · 1892
- Thedford v. ReadeAppellate Terms of the Supreme Court of New York · 1899
3Cited by9 opinions
- Bunke v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Rein v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1905
- Shirtcliffe v. WallAppellate Division of the Supreme Court of the State of New York · 1902
- Scott v. 1,000 Island Boat & Engine Co.New York Supreme Court · 1911
- Bunke v. New York Telephone Co.Appellate Terms of the Supreme Court of New York · 1904
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