Heckemann v. Young
New York Supreme Court
Motion for leave to amend summons and complaint. This action was brought by Johanes Heckemann agairist David B. Young and George W. Adams, to recover for goods sold by a business house in Hamburg, Germany. The defendants appeared separately, and defendant Young answered setting up that the goods were sold upon a credit that had not expired when the action was begun.' The letters to the plaintiff’s attorney, containing instructions to bring suit, were all signed “ Joh.
Read the full summary
Motion for leave to amend summons and complaint. This action was brought by Johanes Heckemann agairist David B. Young and George W. Adams, to recover for goods sold by a business house in Hamburg, Germany. The defendants appeared separately, and defendant Young answered setting up that the goods were sold upon a credit that had not expired when the action was begun.' The letters to the plaintiff’s attorney, containing instructions to bring suit, were all signed “ Joh. Heckemann,” and the statements of the account, etc., were all in the name of Jo-' Lanes Heckemann. But upon taking the…
1Opinion of the CourtLawrence, J.
I think the amendment moved for should be granted. The cases cited by the counsel for the defendant, from the Court of Appeals reports, were cases in which the action was brought by one party, and the amendment sought to be made was the insertion of the name of an entirely different party, both parties being living persons. In this case the affidavits show that Pauline Heckemann, who was the party to whom it is alleged the indebtedness of the defendants was incurred, had been carrying on business in Hamburg for many years past under the name of her deceased husband, Johanes Heckemann. She was…
2Cited by4 opinions
- Van der Stegen v. Neuss, Hesslein & Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Van Tuyl v. New York Real Estate Security Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Dean v. GilbertNew York Supreme Court · 1895
- Hulbert Bros. & Co. v. HohmanNew York Supreme Court · 1898