Dunham v. Hastings Pavement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Hastings Pavement Company, frorn an order of the Supreme Court,. made at the. Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 2d day of October, 1905, allowing the plaintiff tó serve an amended complaint. -
1Opinion of the Court
Ingraham, J.:
I think the court below was justified in allowing the plaintiff to serve an amended- complaint. While the form of the second causé of action is changed from one .to recover under the contract to a cause of action to recover for a breach of the same contract* the basis. of' the action is Upon the contract, and tile liability of the defendant depends upon its obligation thereunder. It having been determined.that the right of the plaintiff to recover under the second cause of action' must, be based upon a breach bf the contract, by the defendant, it was proper for the court to allow…
2Cited by3 opinions
- A. W. Banko, Inc. v. StateNew York Court of Claims · 1946
- Dick v. LeonoriAppellate Terms of the Supreme Court of New York · 1912
- Kalt Lumber Co. v. DupignacAppellate Division of the Supreme Court of the State of New York · 1912