Manhattan Rolling Mill v. Dellon

The plaintiff makes a motion for leave to serve its amended complaint as here interposed. The action was brought upon a guaranty for the sum of $1,200 for goods sold to Dellon, Rabinowitz & Co., on a running account between them. It appears from the original complaint that the plaintiff sued originally for the sum of $1,153.65, for goods sold before the guaranty was made, and $46.35, being-part of the goods sold after the making of the guaranty. On the trial of the action the defendant admitted his liability for the goods sold after the guaranty was made, but contended that he was not liable…