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11 N.Y.S. 626

McBride v. Langan

New York Circuit Court

Decided May 15, 1890

New York Circuit Court · decided 1890-05-15

Action by Harry McBride and Charles F. Droste, partners, doing business as produce commission merchants, under the firm name of McBride & Co., against Patrick T. Langan, George E. De le Ree, and Joseph P. Langan, partners under the firm name of P. T. Langan & Co., for the price of goods sold and delivered by plaintiffs to defendants.

Decided 1890-05-15

Ingraham, J.

¶1By the service of the amended complaint in this action, and the answer to that amended complaint, a new issue was raised which must be noticed for trial. Undoubtedly the court had the power as a condition for granting the amendment to require that the former notice of trial should stand, but no such order was made. I think, therefore, the plaintiff must notice the case regularly for trial before it can be set down for trial.

¶2Application denied.

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