Felty v. Deaven

Supreme Court of Pennsylvania March 11, 1895

Felty v. Deaven, 166 Pa. 640 (Pa. 1895)

31 A. 333; 1895 Pa. LEXIS 1266

Dean, Fell, Green, McCollum, Pee, Williams

Opinion of the Court

Pee, Curiam,

The questions of fact at issue in this case were fairly and correctly submitted to the jury, and quite as favorably to the defendant as the testimony would warrant. The jury has found for the plaintiff as they well might do under the evidence, and of course we cannot disturb it. The only other question was as to the amendment. That this was properly allowed is too plain for argument. It consisted of nothing but adding the name of the plaintiff’s assignee for the benefit of creditors. As the title was really in the assignee the amendment was entirely proper and could be made at any stage of the proceedings. This is the very object of the amendment law.

Judgment affirmed.

Reference

Full Case Name: William B. Felty, Assignee v. Jacob Deaven
Cited By: 2 cases
Status: Published
Syllabus: Evidence—Settlement of mutual accounts—Question for jury. In an action to recover a balance alleged to be due under a settlement of mutual accounts between defendant and plaintiff’s assignor, defendant denied that such a settlement had been made, and offered evidence tending to show that after the assignment, he had made a settlement of accounts with the assignee, and that a balance was found due to the defendant. Held, that the case was for the jury. Amendment—Practice, G. P. —Assignment for creditors. In an action to recover a balance alleged to be due under a settlement of mutual accounts between plaintiff and defendant, where it appears that after the settlement, but before the suit was brought, plaintiff made an assignment for the benefit of creditors, the record may be amended at any stage of the proceedings so as to add the name of the assignee for creditors, as party plaintiff.