O'Connell v. Wilson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Charles B. O’Connell and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 9th day of January, 1914, denying their motion to compel the defendant Wilson to accept service of a second amended complaint.
1Per curiam
The plaintiffs, as individuals, sued the defendants. After the service of the summons and complaint they decided to change the character of the action so as to sue on behalf of themselves and all other depositors of a defunct foreign banking corporation. To accomplish that desire they applied to the court for leave to amend not only the pleading but the summons. The order granting leave was made upon terms. The leave was limited to the purpose indicated. Plaintiffs’ amended complaint transgressed the limited leave slightly and immaterially. It is sufficient to say that the Special Term…
2Cases cited3 opinions
- Brooks Bros. v. TiffanyAppellate Division of the Supreme Court of the State of New York · 1907
- Backes v. Mechanics & Traders' BankAppellate Division of the Supreme Court of the State of New York · 1909
- Town of Hancock v. Delaware & Eastern RailroadAppellate Division of the Supreme Court of the State of New York · 1908
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- Woolson Spice Co. v. Columbia Trust Co.New York Supreme Court · 1920