Myers v. Rosenback
New York Court of Common Pleas
Appeal from special term. Action by Frederick S. Myers against Moses S. Rosenback, brought in a district court, and removed to the court of common pleas. From an order allowing matter of supplemental pleading to be incorporated in the answer by amendment (28 N. Y. Supp.), plaintiff appeals.
1Opinion of the CourtPryor, J.
The distinction between an amended and a supplemental answer is only in the time when the matter of the defense -occurred, or came to the knowledge of the pleader. But time does mot affect the substance of the defense. If good in an amended, it •is good in a supplemental, answer; and, if good in a supplemental, "it is good in an amended, answer. To incorporate in an answer sup■plemental matter, by way of amendment, violates only a technical rule of pleading, and is without effect upon the substantial rights of the parties. It is the distribution of substantial justice, however, ¡irrespective…
2Cases cited1 opinion
- Myers v. RosenbackNew York Court of Common Pleas · 1894
3Cited by2 opinions
- Oakes v. HighNew York Court of Common Pleas · 1895
- Zacharias v. FrenchNew York Court of Common Pleas · 1894