Legal Opinion
Balch v. Wurzburner
New York Court of Common Pleas
Decided June 4, 1894PublishedCited by 1 opinion
Appeal from first district court: Action by Oharles T. Balch against Bernard Wurzburner and ■others. There was a judgment in favor of plaintiff, and defendants appeal.
1Opinion of the CourtBookstaver, J.
The record of the. proceedings upon the trial begins as follows:
“The court, on motion of the plaintiff’s attorney, allowed the amendment of the summons in the present suit by adding to the amount claimed the amount named in the summons in the other suit between the same parties, and grants an amendment to the complaint by making the cause of action a breach of contract instead of for .salary.”
By this amendment, two actions—one begun December 19, 1893, for $30, and one commenced January 24, 1894, for $90—were in *63effect consolidated, and the defendants in the second action were deprived of the…
2Cases cited2 opinions
- Dexter v. . IvinsNew York Court of Appeals · 1892
- Dows v. MorrisonNew York Court of Common Pleas · 1892
3Cited by1 opinion
- American Mills Co. v. HoffmanCourt of Appeals for the Second Circuit · 1921