Sherar v. Willis
New York Supreme Court
This was an appeal from a judgment for the defendant, rendered before a justice of the peace. The facts are stated in the opinion of the court.
1Opinion of the Court
By the Court
Miller, P. J.
This action was originally brought before a justice of the peace in the county of St; Lawrence for goods sold and delivered by the plaintiff to the defendant, and a judgment rendered in favor of the defendant for costs, which, upon an appeal to the County Court, was reversed upon questions of law.
Upon the day to which the cause was adjourned before the justice, the defendant moved to amend his answer by setting *330up payment, in addition to a general denial previously pleaded. The plaintiff objected to the amendment, upon the ground of surprise, and that an adjournment…
2Cited by2 opinions
- Jourdan v. HealeyNew York Court of Common Pleas · 1892
- Bush v. WeeksNew York Supreme Court · 1881