Woodruff v. Dickie
The Superior Court of New York City
Appeal from an order denying a motion made at special term, for leave to amend the answer. This action was brought to recover the last of several installments claimed to be due upon a contract for building a store, and also for extra work done thereon.
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Appeal from an order denying a motion made at special term, for leave to amend the answer. This action was brought to recover the last of several installments claimed to be due upon a contract for building a store, and also for extra work done thereon. The complaint set out the contract, which provided, among other things, that alterations or additions might be made, which were to be paid for; that the'building should be finished by the 1st of November, and in default a deduction of $60 a day might be made out of the last installment; that the work should be done according to the plans and…
1Opinion of the CourtMonell, J.
"When this case was before me at special term, I entertained the opinion, and so held, that by recent amendments of the Code, referees possess all the powers of the court in granting amendments of pleadings; and that the referee in this case, having- denied the application made to him to amend the answer, his decision, if reviewable at all, could only be reviewed on .appeal from the judgment. A more careful examination of the subject, since the argument of this appeal,' has confirmed my opinion.
The power of the" court to allow amendments to pleadings has not been enlarged by the -Code. The…
2Cases cited9 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Corning v. . CorningNew York Court of Appeals · 1851
- Beardsley v. StoverNew York Supreme Court · 1852
- Robbins v. RichardsonThe Superior Court of New York City · 1857
- Troy & Boston Railroad v. TibbitsNew York Supreme Court · 1855
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3Cited by1 opinion
- Hochstetter v. IsaacThe Superior Court of New York City · 1873