Pfister v. Heins
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Anna Heins, as administratrix, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of .the clerk of the county of Hew York on the 23d day of March, 1909, upon the verdict of a jury, also from an order entered in said clerk’s office on the 28th day of January, 1909, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered on the 9th day of February, 1909, granting the…
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Appeal by the defendant, Anna Heins, as administratrix, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of .the clerk of the county of Hew York on the 23d day of March, 1909, upon the verdict of a jury, also from an order entered in said clerk’s office on the 28th day of January, 1909, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered on the 9th day of February, 1909, granting the plaintiff leave to amend his complaint by joining Maria Pfister as party, plaintiff in the-action.
1Opinion of the Court
Laughlin, J.:
There is no'merit in the appeal from the order allowing plaintiff to amend the complaint by inserting the name of Maria Ptister as a party plaintiff and allowing the pleading otherwise to stand' as served. During the progress of the trial counsel f.or the defendant stated to the court that he .had been informed that the plaintiff had *459assigned the check upon which this action is based to Maria Pfister and asked leave to amend the answer by pleading that plaintiff was not the real party in interest. It was then asserted by counsel for plaintiff that the assignment had merely been…
2Cases cited9 opinions
- Carnwright v. . GrayNew York Court of Appeals · 1891
- Ewing v. . WightmanNew York Court of Appeals · 1901
- Webster v. Kings County Trust Co.New York Court of Appeals · 1895
- Morange v. MorrisNew York Court of Appeals · 1866
- Zorn v. McParlandThe Superior Court of the City of New York and Buffalo · 1895
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- In re the Estate of EhlersNew York Surrogate's Court · 1928
- McCammon v. . KaiserNew York Court of Appeals · 1916
- De Sairigne v. GouldNew York Supreme Court · 1955
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