Driscoll v. Downer
New York Supreme Court
Appeal from special term, Onondaga county. . Action by George W. Driscoll, as receiver, against William W. Downer and others.
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Appeal from special term, Onondaga county. . Action by George W. Driscoll, as receiver, against William W. Downer and others. Two orders were entered, one on May 13, 1889, and one on May 16, 1889. The order of May 13, 1889, after reciting that the case had been reached in its regular order, and moved by the plaintiff, and opened, and the defendants having moved that the complaint be dismissed on the ground that the complaint does not state facts sufficient to constitute a cause of action, and the court, having entertained the motion, and held that the complaint was defective, and thereupon…
1Opinion of the CourtMerwin, J.
The plaintiff upon this appeal seeks to review the ruling of the court, at the trial, that the complaint was defective. He, however, took no exception to such ruling. He applied for and obtained leave to amend; one of the conditions of the order being that, in case he did not amend and pay certain costs within a certain time, the complaint should be dismissed. In regard to such a case, it was held in Weichsel v. Spear, 47 N. Y. Super. Ct. 223, affirmed 90 N. Y. 651, that the party plaintiff, upon whose request leave to amend was granted upon payment of certain costs, otherwise complaint to be…
2Cited by4 opinions
- Paltey v. . EganNew York Court of Appeals · 1910
- Austin v. WaufulNew York Supreme Court · 1891
- Morris v. ThomasAppellate Division of the Supreme Court of the State of New York · 1903
- Morris v. ThomasAppellate Division of the Supreme Court of the State of New York · 1903