Hatch v. . Central National Bank
New York Court of Appeals
Appeal from order of General Term of the Supreme Court., in the first judicial department, modifying and affirming as modified an order of Special Term.
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Appeal from order of General Term of the Supreme Court., in the first judicial department, modifying and affirming as modified an order of Special Term. The Special Term order, granted on plaintiffs’ motion, directed that a judgment herein in favor of plaintiffs be opened and the record thereof canceled, and that plaintiffs be allowed to serve an amended complaint, setting up an additional cause of action, on condition that plaintiff refund and repay the amount of said judgment, which had been paid and satisfied by defendant; with certain other conditions and provisions. The order of General…
1Opinion of the CourtDanforth, J.
The plaintiffs recovered judgment, and it was satisfied. They sought by motion to vacate the judgment, and amend the complaint by adding new causes of action. Leave was granted upon terms. So far as the causes of action were stated in the complaint they were merged in the judgment; the judgment was paid and satisfied. There was no longer a judgment, and the parties-were out of court. It is urged by the appellant’s counsel that the court had no power to allow the amendment, and the plaintiffs’ counsel contends that it was a matter within its discretion. It was going a great way to grant the…
2Cases cited4 opinions
- The New York Ice Company v. . North Western Insurance Co.New York Court of Appeals · 1861
- Lawrence v. . FarleyNew York Court of Appeals · 1878
- Balcom v. WoodruffNew York Supreme Court · 1849
- Crookes v. MaxwellDistrict Court, S.D. New York · 1869
3Cited by79 opinions
- Harriss v. TamsNew York Court of Appeals · 1932
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- Matter of HendersonNew York Court of Appeals · 1898
- In re GardinerNew York Court of General Session of the Peace · 1900
- Ross v. RobinsonOregon Supreme Court · 1944
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