Collins & Riggs v. Watson

Superior Court of Delaware

Collins & Riggs v. Watson

41 A. 890, 17 Del. 397, 1 Penne. 397, 1898 Del. LEXIS 38

DecidedOctober 6, 1898

StatusPublished

This text of 41 A. 890 (Collins & Riggs v. Watson) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Collins & Riggs v. Watson, 41 A. 890, 17 Del. 397, 1 Penne. 397, 1898 Del. LEXIS 38 (Del. Ct. App. 1898).

Pincite

Opinion

Lore, C. J:—

:—The court have no doubt about this matter. The application here is that the plaintiff be allowed to make new parties, by substituting for a firm • consisting of three people another firm consisting of two people. At the November Term 1897, in New Castle County, in the case of Hughes vs. Diamond Match Company, 1 Pennewill's Delaware Reports, 140, this Court held, that “Where a party is sued as a corporation of the State of Connecticut, the Court will refuse to allow the writ and declaration to be amended by the plaintiff so as to make the defendant a corporation of the State of Illinois, on the ground that it would be substituting and making an entirely new and distinct party.” That broadly covers this question. The application is therefore refused.

By agreement, judgment was entered for defendant below for costs.

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Lore, C. J:—

:—The court have no doubt about this matter. The application here is that the plaintiff be allowed to make new parties, by substituting for a firm • consisting of three people another firm consisting of two people. At the November Term 1897, in New Castle County, in the case of Hughes vs. Diamond Match Company, 1 Pennewill's Delaware Reports, 140, this Court held, that “Where a party is sued as a corporation of the State of Connecticut, the Court will refuse to allow the writ and declaration to be amended by the plaintiff so as to make the defendant a corporation of the State of Illinois, on the ground that it would be substituting and making an entirely new and distinct party.” That broadly covers this question. The application is therefore refused.

By agreement, judgment was entered for defendant below for costs.

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Bluebook (online)

41 A. 890, 17 Del. 397, 1 Penne. 397, 1898 Del. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-riggs-v-watson-delsuperct-1898.