Brewster v. F. G. Brewster Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The F. G-. Brewster Company and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of March, 1910, permitting and directing 'the plaintiffs to make and serve a supplemental complaint herein;
1Opinion of the Court
Laughliu, J.:
The only objections, to the. order which we deem of sufficient importance to require discussion in an opinion are that it allows the plaintiff to plead a new cause of action of a nature different from that originally pleaded, which has arisen during the pendency of the action, and that the facts stated are insufficient to warrant the relief demanded. The rule is now well settled that the merits of the case-will not be considered on an application to serve a supplemental pleading, and that unless the insufficiency of the original pleading has been authoritatively adjudicated, the…
2Cases cited4 opinions
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Horowitz v. GoodmanAppellate Division of the Supreme Court of the State of New York · 1906
- Prouty v. Lake Shore & Michigan Southern RailroadNew York Court of Appeals · 1881
- Bond v. Atlantic Terra Cotta Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by8 opinions
- Merrihew v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1912
- People v. BeguelinAppellate Division of the Supreme Court of the State of New York · 1918
- Baum v. StockellAppellate Division of the Supreme Court of the State of New York · 1915
- City of Jamestown v. AikenAppellate Division of the Supreme Court of the State of New York · 1924
- Dippold v. Atlantic Mills of Rhode IslandNew York Supreme Court · 1932
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