Smith v. Excelsior Brewing Co.

Appellate Division of the Supreme Court of New York

Smith v. Excelsior Brewing Co.

138 N.Y.S. 1143

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 6, 1912

StatusPublished

This text of 138 N.Y.S. 1143 (Smith v. Excelsior Brewing Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Excelsior Brewing Co., 138 N.Y.S. 1143 (N.Y. Ct. App. 1912).

Pincite

Opinion

PER CURIAM.

The amendment to the complaint did not change the cause of action. It was of such a character that it might have been granted at the trial without conditions, and thereafter, and without further delay, the trial might have proceeded. If any criticism is to be made upon the conditions imposed, it would be that they are more favorable to the appellant than it is entitled to. So much of the order as is appealed from should be affirmed, with $10 costs and disbursements, and, in view of this disposition of the appeal, the motion to dismiss the appeal is denied, without costs.

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PER CURIAM.

The amendment to the complaint did not change the cause of action. It was of such a character that it might have been granted at the trial without conditions, and thereafter, and without further delay, the trial might have proceeded. If any criticism is to be made upon the conditions imposed, it would be that they are more favorable to the appellant than it is entitled to. So much of the order as is appealed from should be affirmed, with $10 costs and disbursements, and, in view of this disposition of the appeal, the motion to dismiss the appeal is denied, without costs.

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Bluebook (online)

138 N.Y.S. 1143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-excelsior-brewing-co-nyappdiv-1912.