2 Edm. Sel. Cas. 12
Decided July 15, 1848
New York Circuit Court · decided 1848-07-15
This was an action of assumpsit on two promissory notes, payable to plaintiffs, for $150 each. Plaintiffs were merchants in Ohio, and goods bought by them in New York, for their trade, were seized on their transit through Buffalo, on an attachment against them as nonresident debtors. To relieve then* goods from the attachment they gave a bond under the statute, which the defendants signed as their sureties.
Decided 1848-07-15
¶1allowed the amendment on the following terms: Plaintiffs to pay the costs of the plea and all subsequent proceedings, the trial to be postponed, and defendants to have twenty days to plead to the amended declaration, which might contain the common, counts, but excluding any .count upon the notes.
¶2Williams, for plaintiffs.
¶3Havens, for defendants.