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Collins v. St. Lawrence Club
108 N.Y.S. 287
N.Y. App. Div.
1908
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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 Details

Case Name: Collins v. St. Lawrence Club
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jan 8, 1908
Citation: 108 N.Y.S. 287
Court Abbreviation: N.Y. App. Div.
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