Cox v. Bates

City of New York Municipal Court

Cox v. Bates

27 Misc. 816, 57 N.Y.S. 816

DecidedMarch 15, 1899

StatusPublished

This text of 27 Misc. 816 (Cox v. Bates) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cox v. Bates, 27 Misc. 816, 57 N.Y.S. 816 (N.Y. Super. Ct. 1899).

Pincite

Opinion

Per Curiam.

We think that the demurrer was properly sus-. tained, but, in the interests of justice, the plaintiff should have been allowed to amend his complaint upon the payment of the usuál costs. The amendment asked for was just and reasonable; against which defendant had no moral right to complain.. No injustice would have been done had the proffered. amendment been pen mitted. To deny it certainly worked harm and injustice to plaintiff. The plaintiff must, therefore, be permitted to seiwe his proposed amended complaint within three days after the entry of order herein upon payment of taxable costs..-

The order and judgment appealed from must be so modified, and as modified are affirmed. No costs or disbursements of this appeal to either party.

Present; Eitzsimons, Oh. J., and McCarthy, J.

Judgment modified, and as modified affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

We think that the demurrer was properly sus-. tained, but, in the interests of justice, the plaintiff should have been allowed to amend his complaint upon the payment of the usuál costs. The amendment asked for was just and reasonable; against which defendant had no moral right to complain.. No injustice would have been done had the proffered. amendment been pen mitted. To deny it certainly worked harm and injustice to plaintiff. The plaintiff must, therefore, be permitted to seiwe his proposed amended complaint within three days after the entry of order herein upon payment of taxable costs..-

The order and judgment appealed from must be so modified, and as modified are affirmed. No costs or disbursements of this appeal to either party.

Present; Eitzsimons, Oh. J., and McCarthy, J.

Judgment modified, and as modified affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

27 Misc. 816, 57 N.Y.S. 816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-bates-nynyccityct-1899.