Pharis v. Gere
New York Supreme Court
Appeal from an order made at the Onondaga Circuit and Special Term, denying the plaintiff’s motion to amend the complaint herein after verdict, by increasing the claim for damages therein to correspond with the verdict, and refusing to allow the plaintiff to treble-the damages found by the jury, except upon the condition that he remit the excess beyond the amount of the verdict and interest thereon from the time it was rendered.
1Opinion of the Court
Smith, P. J.:
It has long been settled that the court will not amend the complaint after verdict by increasing the amount of damages for which judgment is demanded, without setting aside the verdict and granting a new trial, to give the defendant an opportunity to defend against the enlarged claim. Accordingly in all actions for the recovery of damages, whether sounding in tort or on contract, *444tbe sum in tbe conclusion of tbe declaration or complaint must be sufficient to cover the real demand, and it would be unjust to allow it to be enlarged after verdict without granting a new trial, as the…
2Cases cited4 opinions
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- Dox v. DeyNew York Supreme Court · 1829
- Curtiss v. LawrenceNew York Supreme Court · 1819
- Coulter v. American Merchants Union Express Co.New York Supreme Court · 1871