Ontario Bank v. Schermerhorn
New York Court of Chancery
This was an appeal, by the defendant Schermerhom, from a decree of the vice chancellor of the eighth circuit in a foreclosure suit. The complainant’s solicitor, in the copy of the bill served on the defendant’s solicitor, made a mistake in stating the month in which the obligation and mortgage bore date; by substituting April for August.
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This was an appeal, by the defendant Schermerhom, from a decree of the vice chancellor of the eighth circuit in a foreclosure suit. The complainant’s solicitor, in the copy of the bill served on the defendant’s solicitor, made a mistake in stating the month in which the obligation and mortgage bore date; by substituting April for August. The defendant therefore denied the execution of the note and mortgage stated in the complainant’s bill; but he admitted the execution of a similar note and mortgage, which were dated in August, 1837, and not in April of that year as stated in the bill. He…
1Opinion of the Court
The Chancellor.
The objection, that the date of the note and mortgage are not correctly stated in the copy of the bill served on the defendants, is merely technical; although for the purpose of this appeal, the court must presume the bill served was a copy of the original bill on file. The legislature has provided, by statute, that mistakes in stating any day, month, or year, in any pleading or record, which according to law could be amended by the court after verdict rendered in any cause, shall be disregarded upon the trial; unless such mistake or variance be calculated to surprise or…
2Cases cited2 opinions
- Morris v. WadsworthNew York Supreme Court · 1837
- Kimball v. HuntintonNew York Supreme Court · 1831
3Cited by11 opinions
- Leavitt v. BlatchfordNew York Supreme Court · 1848
- Leavitt v. . PalmerNew York Court of Appeals · 1849
- Leavitt v. . BlatchfordNew York Court of Appeals · 1858
- Oliver Lee Co's Bank v. . WalbridgeNew York Court of Appeals · 1859
- Curtis v. LeavittNew York Supreme Court · 1853
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