Sturges v. Newcombe

Superior Court of New York

Sturges v. Newcombe

33 N.Y.S. 558, 12 Misc. 371

CourtThe Superior Court of the City of New York and Buffalo

DecidedMay 6, 1895

StatusPublished

This text of 33 N.Y.S. 558 (Sturges v. Newcombe) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sturges v. Newcombe, 33 N.Y.S. 558, 12 Misc. 371 (superctny 1895).

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Opinion

PER CURIAM.

It was not a valid objection to the order appealed from, made at special term, that it permitted an amendment that substituted a cause of action different from the one averred in the complaint. Deyo v. Morse, 144 N. Y. 216, 39 N. E. 81. The peculiarities of the litigation placed it within the discretion of the court to determine whether or not there were laches on the part of the plaintiff which should defeat his application to amend. Order affirmed, with $10 costs, and disbursements to be taxed.

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PER CURIAM.

It was not a valid objection to the order appealed from, made at special term, that it permitted an amendment that substituted a cause of action different from the one averred in the complaint. Deyo v. Morse, 144 N. Y. 216, 39 N. E. 81. The peculiarities of the litigation placed it within the discretion of the court to determine whether or not there were laches on the part of the plaintiff which should defeat his application to amend. Order affirmed, with $10 costs, and disbursements to be taxed.

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Bluebook (online)

33 N.Y.S. 558, 12 Misc. 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sturges-v-newcombe-superctny-1895.

Opinion

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