Campbell v. Campbell
New York Supreme Court
Appeal from special term. Action by Henry Campbell against William Campbell and others, to foreclose a mortgage. Leave was granted to plaintiff to serve an amended complaint, and defendants appeal.
1Opinion of the CourtAdams, J.
The power given to the court in the matter of amending pleadings is largely discretionary, and the very language of the Code implies that it is to be exercised freely and liberally in furtherance of justice. Code Civil Proc. § 723. Giving to the section cited this interpretation, the court below saw fit to grant to the plaintiff leave to amend his complaint by setting up facts constituting, as it is claimed, a new cause of action. The amendment thus allowed sets forth, in substance, that the mortgage to foreclose which this action is brought was given as security for moneys which were…
2Cases cited4 opinions
- The New York Ice Company v. . North Western Insurance Co.New York Court of Appeals · 1861
- Patterson v. . BirdsallNew York Court of Appeals · 1876
- Gerwig v. . SitterlyNew York Court of Appeals · 1874
- Farmers & Mechanics' Bank of Genesee v. JoslynNew York Court of Appeals · 1867
3Cited by5 opinions
- Paddack v. BarnettNew York Supreme Court · 1895
- Everett v. EverettAppellate Division of the Supreme Court of the State of New York · 1900
- Silverstein v. TaubenkimmelAppellate Division of the Supreme Court of the State of New York · 1924
- Dudley v. Broadway InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
- Bartlett v. BunnNew York Supreme Court · 1889