Saltus v. Bayard
12 Wend. 228
N.Y. Sup. Ct.
1834
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By the Court,

Savage, Ch. J.

The plaintiffs are entitled to amend the declaration, by inserting a count upon the note already declared on, alleging it to have been made by the defendants, after the death of William Bayard, the elder, on payment of the costs of the motion, and of the pleas, if they are withdrawn, or a new defence is interposed in consequence of the amendment.