From Casetext: Smarter Legal Research

Collins v. St. Lawrence Club

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 8, 1908
123 App. Div. 207 (N.Y. App. Div. 1908)

Opinion

January 8, 1908.

William L. Barnum, for the appellant.

William F. Hodge, for the respondent.


During the progress of the trial and after considerable testimony had been taken for plaintiff, the referee on defendant's application permitted it to amend its answer by setting up a counterclaim to the cause of action which plaintiff had pleaded. Plaintiff duly objected to the amendment, and excepted to its allowance by the referee. The referee has found for defendant and against the plaintiff the full amount of the counterclaim, and the result of the action was materially changed thereby.

The referee had no power to grant this amendment and plaintiff's exception thereto presents reversible error. ( Mitchell v. Bunn, 2 T. C. 486.)

All concurred.

Judgment reversed and new trial ordered before another referee, with costs to appellant to abide event.


Summaries of

Collins v. St. Lawrence Club

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 8, 1908
123 App. Div. 207 (N.Y. App. Div. 1908)
Case details for

Collins v. St. Lawrence Club

Case Details

Full title:EDWIN COLLINS, Appellant, v . ST. LAWRENCE CLUB, Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 8, 1908

Citations

123 App. Div. 207 (N.Y. App. Div. 1908)
108 N.Y.S. 287

Citing Cases

Kelly v. St. Michael's Roman Catholic Church

Defendants further contend that the granting of plaintiffs' motion to amend on the trial was beyond the power…