Audley v. Townsend
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William H. Townsend, Jr., and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the comity of Westchester on the 15th day of January, 1906, upon the verdict of a jury, also from an order entered in said clerk’s office on the 27th day of December, 1905, denying the defendants’ motion for a new trial made upon the minutes, and also from an order entered on the 29th day of December, 1905,…
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Appeal by the defendants, William H. Townsend, Jr., and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the comity of Westchester on the 15th day of January, 1906, upon the verdict of a jury, also from an order entered in said clerk’s office on the 27th day of December, 1905, denying the defendants’ motion for a new trial made upon the minutes, and also from an order entered on the 29th day of December, 1905, allowing the plaintiff to amend the complaint.
1Opinion of the Court
Rich, J.:
' The only question necessary to be considered in the disposition of this appeal is whether the learned justice who presided at' the trial had power, after verdict and motion for a new trial, to direct of his own motion an amendment of the complaint, nunc pro turne, making its allegations conform to the proofs upon the trial. The facts are briefly stated by the learned trial justice as follows: “The plaintiff was sheriff of Fond du Lac County, State of Wisconsin. The defendants were merchants in the State of Flew York, and sent to a firm of attorneys in Wisconsin a commercial claim…
2Cases cited3 opinions
- Rutty v. Consolidated Fruit Jar Co.New York Supreme Court · 1889
- Bjorkegren v. KirkNew York Supreme Court · 1907
- National Bank of Deposit v. RogersAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by11 opinions
- Murray v. City of New YorkNew York Court of Appeals · 1977
- Kimso Apartments, LLC v. Mahesh GandhiNew York Court of Appeals · 2014
- Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915
- Abinet v. MediavillaAppellate Division of the Supreme Court of the State of New York · 1957
- Audley v. TownsendAppellate Division of the Supreme Court of the State of New York · 1909
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