From Casetext: Smarter Legal Research

Emmons v. Hirschberger

Court of Appeals of the State of New York
Jan 17, 1946
65 N.E.2d 328 (N.Y. 1946)
Download
PDF
Check
Treatment

Summary

permitting judgment to be amended to substitute individual members of partnership for name of partnership based on admissions in defendants' answer that could be construed as indicating that members were the owners of the truck involved in accident

Summary of this case from Fishman v. Roxanne Management
See 1 Summary

Opinion

Argued November 28, 1945

Decided January 17, 1946

Appeal from the Supreme Court, Appellate Division, Second Department, C.A. JOHNSON, J.

Samuel E. Swiggett for David Hirschberger and others, appellants.

Dan Gordon Judge and Leonard Wolfram for respondent.

Judgment affirmed, with costs; no opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and MEDALIE, JJ.

Summaries of

Emmons v. Hirschberger

Court of Appeals of the State of New York
Jan 17, 1946
65 N.E.2d 328 (N.Y. 1946)

permitting judgment to be amended to substitute individual members of partnership for name of partnership based on admissions in defendants' answer that could be construed as indicating that members were the owners of the truck involved in accident

Summary of this case from Fishman v. Roxanne Management
Case details for

Emmons v. Hirschberger

Case Details

Full title:MARGARET EMMONS, as Limited Administratrix of the Estate of STEPHEN…

Court:Court of Appeals of the State of New York

Date published: Jan 17, 1946

Citations

65 N.E.2d 328 (N.Y. 1946)
65 N.E.2d 328

Citing Cases

Fishman v. Roxanne Management

Thus, it has been held that a misdescription or an incorrect designation of parties or their capacities is a…

1 Citing Cases