Richardson & Morgan Co. v. Gudewill
City of New York Municipal Court
Appeal from special term. Action by the Richardson & Morgan Company against Rudolph H. E. Gudewill. From an order allowing the service of an amended and supplemental answer on payment of taxable costs, and from an order taxing costs thereon, defendant appeals.
1Opinion of the CourtDefehanty, J.
We think the orders appealed from should be affirmed. There have been two jury trials herein, and in each instance the verdict has been for the plaintiff. True, the judgments entered thereon have been reversed upon appeal, but solely upon technical grounds, and not upon the merits. The proposed amended and supplemental answer is sought to be interposed, as claimed by appellant, to correct an error committed by .the former attorney for the defendant in the drafting of the original pleading. It now seeks to set up a counterclaim for $600 damages, and, if interposed, will give to the defendant a…
2Cases cited2 opinions
- Bates v. Salt Springs National BankAppellate Division of the Supreme Court of the State of New York · 1899
- Ferris v. HardSuperior Court of Buffalo · 1893