Patterson v. Hare
New York Supreme Court
Appeal from circuit court, Rensselaer county. Action by George Patterson against Joseph Hare for dissolution of a partnership and for an accounting. From an order opening an interlocutory judgment, and granting leave to plaintiff to serve a ' supplemental complaint, defendant appeals.
1Opinion of the CourtMayham, P. J.
The relief granted on this motion was largely in the discretion of the special term, at which the order was made, and the power of the court to grant such relief is not, and cannot, we think, be questioned. Code Civil Proc. § 544. The reason stated for the application for leave to serve supplemental complaint in this case is one of those given in this section, viz. that the plaintiff was ignorant of the facts which are set out in the proposed ■supplemental complaint, at the time the original complaint was served. If this is a proper case for the granting of such relief, then it would seem to…
Also in this document: Concurrence.
2Cited by2 opinions
- Cullen v. William E. Uptegrove & Bros.Appellate Division of the Supreme Court of the State of New York · 1905
- Jones v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904