Annis v. Gleason
Decision Date | 13 August 1875 |
Citation | 56 N.H. 16 |
Parties | Annis v. Gleason. |
Court | New Hampshire Supreme Court |
Reference law---Amendment.
The referee having found that another party ought to have been joined as plaintiff, and that when the writ had been so amended judgment ought to be rendered for the plaintiffs nunc pro tunc, the court permitted the amendments to be made, and rendered judgment accordingly
ASSUMPSIT. George T. Annis sued as sole plaintiff. The declaration contained a count for goods, wares, and merchandise bargained and sold by the plaintiff to the defendant, etc. Plea, the general issue. The action having been referred, the referee reported that "he finds that the debt and claim described in the plaintiff's specification is honestly and legally due and owing to the plaintiff jointly with one Joseph L. Robinson, his co-partner." He further reported that etc.
Now at this term the plaintiff moved for leave to amend his writ, by inserting and adding the name of said Joseph L. Robinson as co-plaintiff in said action; and leave being granted, the defendant excepted and filed this bill of exceptions, which was allowed by SMITH, J.
Tappan & Albin, for the plaintiffs. Blanchard and Flint, for the defendant
By ch 207, sec. 16, Gen. Stats., additional plaintiffs may be made parties to the action on such terms as the court shall order. I can see no reason why the amendment desired...
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