Glasscock v. Lotus Theatre Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by William D. Glasscock, professionally known as William Leon, against the Lotus Theatre Company. Judgment for plaintiff, and defendant appeals. Reversed.
1Opinion of the CourtGuy, J.
This is an appeal from a judgment in favor of plaintiff in an action brought to recover for work, labor, and services. At the trial testimony was admitted, over the objection and exception of defendant, which was not relevant to any of the issues raised by the pleadings. Subsequently, on motion of plaintiff’s counsel, and over the objection and exception of defendant’s counsel, plaintiff was permitted to amend his complaint so as to conform same to the evidence, to the admission of which defendant had so objected and excepted. This was in violation of the well-established - rule that, where a…
2Cases cited1 opinion
- Bjorkegren v. KirkNew York Supreme Court · 1907