Tasker v. Wallace
New York Court of Common Pleas
Appeal by plaintiffs from a judgment of this court dismissing the complaint, entered by direction of Judge Van Brunt at trial term.
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Appeal by plaintiffs from a judgment of this court dismissing the complaint, entered by direction of Judge Van Brunt at trial term. The action was brought by the plaintiffs as creditors of the West Side and Yonkers Elevated Railroad Company, who held a judgment against the company, and an execution thereon returned wholly unsatisfied, to charge the defendant, as a stockholder in the company, with the payment of the debt, on the ground that the stock held by him had never been paid for. The former action had been commenced against, and the judgment entered against, “ The New York Elevated…
1Opinion of the Court
Chakles P. Halt, Chief Justice.
The amendment wag to correct a mistake in the name of the party, which the court have authority to make when it is in the furtherance of justice. It is a matter purely in the discretion of the court, and could be made after judgment and the return of the execution.
The summons was served upon the president of the company, who is also the defendant in the present action, so that it was not by amendment creating another and different action, but curing a defect in the name of the defendants, in an action which had been brought in good faith against them.
In the…
2Cases cited8 opinions
- Johnson v. . UnderhillNew York Court of Appeals · 1873
- Mitchell v. . Van BurenNew York Court of Appeals · 1863
- Black River and Utica Railroad Company v. . ClarkeNew York Court of Appeals · 1862
- Bailey v. . HollisterNew York Court of Appeals · 1862
- Mann v. CurrieNew York Supreme Court · 1848
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Schoellkopf v. OhmeisNew York Court of Common Pleas · 1895
- Herman v. BaileyAppellate Terms of the Supreme Court of New York · 1897
- Currier v. New York, West Shore & Buffalo RailroadNew York Supreme Court · 1885
- In re SouleNew York Surrogate's Court · 1887
- In re the Probate of the Will of SouleNew York Surrogate's Court · 1886
1 more not listed; retrieve them via the Exa API.