Kirby v. Thompson
New York Court of Chancery
MOTION for leave to amend the bill, by introducing material averments, charging the defendant, Thompson, as principal, with fraud, in procuring a release from the plaintiff, and charging the defendant, Taylor, who is sued as surety for the defendant, Thompson, with being privy to the fraud.
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MOTION for leave to amend the bill, by introducing material averments, charging the defendant, Thompson, as principal, with fraud, in procuring a release from the plaintiff, and charging the defendant, Taylor, who is sued as surety for the defendant, Thompson, with being privy to the fraud. The answer of the defendant, Thompson, was filed on the 1st of August, 1820, and a replication was filed th'e 29th of September, 1821, and a rule to produce witnesses entered by the defendant on the same day. The plea of the defend ant, Taylor, was filed ón the 22d of August, 1820, and set down for…
1Opinion of the Court
The Chancellor.
The plaintiffs do not state any sa-" tisfactory reason why the matter to be introduced by the amendments was not stated before. An amendment to the bill was granted eighteen months ago, and six months before the plea was argued. The merits of the plea have' been argued and decided upon, and the rehearing was granted for the sake of a review of the pleadings, as they stood. It is believed, there is no case that allows an amendment to the bill, under such circumstances, and at so late a stage of the cause. The Court, says Lord Eldon, (3 Vesey & Beam. 147.) very rarely allows a…
2Cases cited2 opinions
- Thorn v. GermandNew York Court of Chancery · 1820
- Brown v. RickettsNew York Court of Chancery · 1817