Ditmars v. Camden Trust Co.

Supreme Court of New Jersey

Ditmars v. Camden Trust Co.

55 A.2d 13, 140 N.J. Eq. 420, 1947 N.J. LEXIS 507

CourtSupreme Court of New Jersey

DecidedSeptember 25, 1947

StatusPublished

Cited by1 cases

This text of 55 A.2d 13 (Ditmars v. Camden Trust Co.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ditmars v. Camden Trust Co., 55 A.2d 13, 140 N.J. Eq. 420, 1947 N.J. LEXIS 507 (N.J. 1947).

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Opinion

Per Curiam.

The appeal is from an order in Chancery which denies the application of complainants to amend their bill of complaint. The bill was filed May 26th, 1941, and had been preceded by other litigation concerning the estate of John E. Ditmars who died testate December 21st, 1925. The incident towards which the application goes occurred long ago and could, with reasonable industry and acumen, have been discovered prior to the filing of the bill.

We agree with the conclusion of the Yice-Chancellor that to permit an amendment introducing an additional and independent subject of controversy at this late day would be inequitable.

The order under appeal will be affirmed.

For affirmance — The Chief-Justice, Heher, Colie, Waci-ienfeld, Eastwood, Wells, Dill, Freund, McGeehan, McLean, JJ. 10.- For reversal — None.

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