Wattson v. Thibou
New York Supreme Court
Appeal from an order denying leave to serve a supplemental complaint. This action was brought by Thomas B. Wattson and Edward L. Clark against Thomas Thibou, upon nine promissory notes, amounting to $17,723.34. The complaint was verified 12th August, 1861: an attachment was issued and summons served by publication: an answer was1 put in February 21st, 1862, setting forth that on September 10th, 1861, the defendantzdelivered to plaintiff four bonds, amounting to £3,692 7s.…
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Appeal from an order denying leave to serve a supplemental complaint. This action was brought by Thomas B. Wattson and Edward L. Clark against Thomas Thibou, upon nine promissory notes, amounting to $17,723.34. The complaint was verified 12th August, 1861: an attachment was issued and summons served by publication: an answer was1 put in February 21st, 1862, setting forth that on September 10th, 1861, the defendantzdelivered to plaintiff four bonds, amounting to £3,692 7s. 3d., which the latter accepted in full satisfaction. The plaintiff moved for leave to set up, by supplemental complaint,…
1Opinion of the CourtBarnard, J.
—The principles that obtained prior to the passage of the Code, in reference to the filing of a supplemental bill to bring in matters occurring subsequent to the filing of the original bill, still continue, except when either expressly abrogated by, or manifestly inconsistent with, the provisions of the Code.
One of these former principles is, that a new substantive cause of action cannot be set up by supplemental bill. (Milner a. Milner, 2 Edw., 114.)
It was another of those principles, that the matter of the supplemental bill should be consistent with and in aid of the case, made by the…
2Cases cited1 opinion
- Milner v. MilnerNew York Court of Chancery · 1833
3Cited by5 opinions
- Buckley v. BuckleyNevada Supreme Court · 1877
- Prouty v. Lake Shore & Michigan Southern RailroadNew York Court of Appeals · 1881
- Bostwick v. MenckNew York Court of Common Pleas · 1871
- Corrigan v. Bank of America, N.A.District Court of Appeal of Florida · 2016
- Muller v. EarleThe Superior Court of New York City · 1874