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1 How. Pr. 172

Dresser v. Smith

New York Supreme Court

Decided June 15, 1845

New York Supreme Court · decided 1845-06-15

Motion by plaintiff for leave to amend his bill of particulars in this cause.—This was an action of assumpsit upon a promissory note as the plaintiff’s bill of particulars and only cause of action ; the copy note in the declaration filed and in the one served was dated “ May 5, 1844.” whereas the true date in the original note, was “ March 5, 1844. The cause was twice on the calendar and three times noticed for trial.

Decided 1845-06-15

Jewett, Justice.

¶1This motion seems entirely unnecessary, the variance is immaterial, and would be disregarded on the trial. The counsel can withdraw his motion on payment of $7 costs of opposing if he prefers to do so.

¶2The motion was withdrawn on the terms mentioned.

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