De Witt v. Abraham Bros. Horse & Mule Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward F. De Witt, from 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 17th day of November, 1915, denying his motion for'leave to amend the summons and complaint herein by alleging in full the names of all the partners comprising the defendant firm.
1Opinion of the Court
Clarke, J.:
The action was brought to recover commissions due plaintiff as a broker. His name is Edmund, instead of Edward, F. *611De Witt. The motion was to correct the title of the action. The amendment as to plaintiff’s name was granted. The defendant named in the summons was the Abraham Brothers Horse and Mule Company. The summons was duly served on the 15th of July, 1915, at 130 West Fifty-eighth street in New York city upon Edward Abraham. A notice of appearance on behalf of Edward Abraham was served. The plaintiff’s affidavit sets forth: “ That since the institution of this action deponent…
2Cases cited5 opinions
- Boyd v. United States Mortgage & Trust Co.New York Court of Appeals · 1907
- Munzinger v. Courier Co.New York Supreme Court · 1894
- Ward v. Terry & Tench Construction Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Bannerman v. QuackenbushNew York Court of Common Pleas · 1885
- Evoy v. Expressmen's Aid SocietyNew York Supreme Court · 1893
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