Hollister v. Livingston
New York Supreme Court
The complaint in this action was upon a note under seal, and was served the 5th of January, 1854. The answer of the defendant setting up the defence of usury only, was served the 18th of February.
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The complaint in this action was upon a note under seal, and was served the 5th of January, 1854. The answer of the defendant setting up the defence of usury only, was served the 18th of February. On the 6th of March the plaintiff’s attorney, without special leave obtained from the court, served on the defendant’s attorney an amended complaint, containing, in addition to a count on the note embracing the substance of the original complaint, two other counts for further causes of action, one upon an indebtedness for work and labor, goods, wares, and merchandises, moneys lent and advanced, and…
1Opinion of the Court
T. R. Strong, Justice.
It was well settled under the 8th rule of the court of April term, 1Y96, which allowed amend*141ments of course to declarations and pleas in certain cases, without any restriction in terms as to the nature or extent of the amendments, that an amendment by adding a new count or plea could not be made. (Siver agt. Smith, 18 Johns. 310; Benedict agt. Ripley, 5 Cow. 37; Wiley agt. Moore, 2 Wend. 259; 1 Dunlap’s Prac. 695.) By subsequent rules of the court, it was at one time provided that a new count or plea might be added by amendment of course, and at another period such an…
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