Appellate Division of the Supreme Court of New York, 1908

Collins v. St. Lawrence Club

Appellate Division of the Supreme Court of New York · Decided January 8, 1908 · Hobson

123 A.D. 207; 108 N.Y.S. 287; 1908 N.Y. App. Div. LEXIS 28

Counsel

William L. Barnum, for the appellant., William F. Hodge, for the respondent.

Cases that cite this one

1 later published case cites this decision.

Kelly v. St. Michael's Roman Catholic Church (Appellate Division of the Supreme Court of New York 1912)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Hobson, J.:

During the progress of the -trial and after considerable -testimony bad been taken for plaintiff, the referee on- defendant’s, application.' permitted it to amend its answer by setting tip a counterclaim to the caiise 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.