Weston v. Worden
New York Supreme Court
Motion by plaintiff for leave to amend declaration after the cause had been twice noticed for trial. The action is slander for charging plaintiff with mal-practice as a physician. The defendant pleaded the general issue, and gave notice of special matter in justification. The plaintiff asks leave to insert other words, imputing mal-practice, and also charging the plaintiff with being a quack, or practicing as a physician without a diploma.
1Opinion of the Court
By the Court,
Bronson, J.
So far as relates to other words of the same character, or imputing the same offence with those already contained in the declaration, the plaintiff may amend on payment of the costs of opposing this motion. *649and the costs of the plea and notice, if the defendant chooses to answer anew. 12 Wendell, 228. 9 id. 430. The cause of action is the same, and the oniy effect of the amendment may be to relieve the plaintiff against the consequences of a variance.
But wé cannot allow him to amend by inserting a new cause of action, where, as in this case, the statute of limitations…
2Cases cited1 opinion
- Saltus v. BayardNew York Supreme Court · 1834
3Cited by3 opinions
- Mohr v. LemleSupreme Court of Alabama · 1881
- Reed v. CowleyDistrict Court, N.D. New York · 1868
- Bogart v. M'DonaldNew York Supreme Court · 1801