Hoffnagle v. Leavitt

New York Supreme Court

Hoffnagle v. Leavitt

7 Cow. 517

CourtNew York Supreme Court

DecidedOctober 15, 1827

StatusPublished

Cited by2 cases

This text of 7 Cow. 517 (Hoffnagle v. Leavitt) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hoffnagle v. Leavitt, 7 Cow. 517 (N.Y. Super. Ct. 1827).

Pincite

Opinion

Curia.

The amendment sought, is within the principle of several cases decided by this court; and it should be granted. But that must be without prejudice to the defendant. He and his counsel were, in fact, misled, so as not fully to prepare the defense; and this by the omission of the plaintiff. We, therefore, direct the amendment; but it must be on the condition that the plaintiff consent to a new trial, within 80 days. If he withholds such consent, the case must proceed to argument, with the variance upon it.

Buie accordingly.

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Curia.

The amendment sought, is within the principle of several cases decided by this court; and it should be granted. But that must be without prejudice to the defendant. He and his counsel were, in fact, misled, so as not fully to prepare the defense; and this by the omission of the plaintiff. We, therefore, direct the amendment; but it must be on the condition that the plaintiff consent to a new trial, within 80 days. If he withholds such consent, the case must proceed to argument, with the variance upon it.

Buie accordingly.

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Bluebook (online)

7 Cow. 517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoffnagle-v-leavitt-nysupct-1827.

Opinion

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