Bennett v. . Lake
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the third judicial district, affirming and enlarging an order of the Special Term. The complaint in this action was for money had and received by the defendant’s testator to the plaintiff’s use, to the amount of $260. The answer of the defendant alleged, “ that she has no information sufficient to form a belief as to whether” the said money was or was not received by her testator.
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Appeal from an order of the General Term of the Supreme Court in the third judicial district, affirming and enlarging an order of the Special Term. The complaint in this action was for money had and received by the defendant’s testator to the plaintiff’s use, to the amount of $260. The answer of the defendant alleged, “ that she has no information sufficient to form a belief as to whether” the said money was or was not received by her testator. On the 15th of May, 1871, the issue was referred by consent. The ease was brought on for trial before the referee on the 12th day of July, 1871. Both…
1Opinion of the CourtGrover, J.
The appeal must be dismissed. The Code, section 272, confers upon referees the same power to allow amendments to any pleadings, etc., as is possessed by the court upon trial, upon the same terms and with the like effect. Section 173 confers power upon the court, in furtherance of justice and upon such terms as may be proper, to amend any pleading, process or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; or, by inserting other allegations material to the case ; or, when the amendment does not…
2Cited by5 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Haddock v. HaddockAppellate Division of the Supreme Court of the State of New York · 1902
- Wallerstein v. American Surety Co.City of New York Municipal Court · 1891
- Hochstetter v. IsaacThe Superior Court of New York City · 1873
- Livermore v. BainbridgeNew York Supreme Court · 1873