Luyster v. Sniffen

New York Supreme Court

Luyster v. Sniffen

2 Edm. Sel. Cas. 458

DecidedMay 15, 1849

StatusPublished

This text of 2 Edm. Sel. Cas. 458 (Luyster v. Sniffen) 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

Luyster v. Sniffen, 2 Edm. Sel. Cas. 458 (N.Y. Super. Ct. 1849).

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Opinion

Per Curiam, Edmonds, J.:

But that statute has received a different construction from the court. In Bolton v. Lawrence (7 Wend. 461), it was held not to affect the power of the court to allow an amendment where the question raised might have been presented on general demurrer, that is, Where it was matter of substance and not mere form. That is this case; and, as the affidavits show that the demurrer was put in in good faith, and the defendant has a defense on the merits, it will be proper to allow the amendment' on the usual terms.

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Per Curiam, Edmonds, J.:

But that statute has received a different construction from the court. In Bolton v. Lawrence (7 Wend. 461), it was held not to affect the power of the court to allow an amendment where the question raised might have been presented on general demurrer, that is, Where it was matter of substance and not mere form. That is this case; and, as the affidavits show that the demurrer was put in in good faith, and the defendant has a defense on the merits, it will be proper to allow the amendment' on the usual terms.

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Bluebook (online)

2 Edm. Sel. Cas. 458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luyster-v-sniffen-nysupct-1849.

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