Kerrigan v. Peters
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George W. Peters and others, as executors, etc.,' of Edward B. Fellows, late of the city of New York, deceased, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of March, 1905, permitting the amendment of the summons and complaint by striking' from the title thereof the words “ as executors of the last will and testament of Edward B. Fellows, late…
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Appeal by the defendants, George W. Peters and others, as executors, etc.,' of Edward B. Fellows, late of the city of New York, deceased, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of March, 1905, permitting the amendment of the summons and complaint by striking' from the title thereof the words “ as executors of the last will and testament of Edward B. Fellows, late of the city of New York, deceased.”
1Opinion of the Court
Patterson, J.:
This is an appeal from an order allowing an amendment of a summons and complaint by striking out, after the names of the defendants, the words “ as executors of the last will and testament of Edward B. Fellows, late of the city of New York, deceased.” The purpose of the amendment is to change the action from one against the defendants representatively to one against them individually.
The power of the court to grant such an amendment is fully sustained by Tighe v. Pope (16 Hun, 180) and Boyd v. U. S. Mortgage &Trust Co. (84 App. Div. 466; 94 id. 413), the latter case being in…
2Cases cited2 opinions
- Keating v. StevensonAppellate Division of the Supreme Court of the State of New York · 1897
- Boyd v. United States Mortgage & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Hannum v. JeromeU.S. Circuit Court for the District of Northern New York · 1911
- Breisacher v. McAuleyAppellate Terms of the Supreme Court of New York · 1911
- Obnet v. RidderNew York Supreme Court · 1917