Hayes v. Kerr
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Leonard R. Kerr and others, from so much of an order of the Supreme Court, made at the New York.
Read the full summary
Appeal by the defendants, Leonard R. Kerr and others, from so much of 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 6th day of February, 1899, as allows the-plaintiff to amend his complaint by adding the following paragraph:. “ And the plaintiff further alleges that the aforesaid acts and representations of the defendant Leonard R. Kerr, and the obtaining of the aforesaid conveyance of No. 105 East 26th street, were-part of a scheme or plan made by him with intent to defraud the-said Mary Kerr,…
1Opinion of the Court
Ingraham, J.:
There may be some doubt as to the necessity of this amendment,, but as the defendant has obtained a ruling from the referee, before whom the case was tried, that evidence offered by him was not admissible, because the allegations in the complaint are not sufficiently broad to allow such evidence, it woüld seem that a proper case was presented to justify an application to the court for leave to-amend the complaint. The object of the action is to set aside a. *531deed conveying certain real property to the defendant, which property, by his last will and testament, the grantor had…
2Cited by2 opinions
- Branower & Son, Inc. v. WaldesAppellate Division of the Supreme Court of the State of New York · 1916
- Box Board & Lining Co. v. John H. Wiemers, Inc.Appellate Terms of the Supreme Court of New York · 1908