2 Johns. 295
Decided May 15, 1807
New York Supreme Court · decided 1807-05-15
This was an action of trover. The cause was noticed for trial at the sittings after last November term, when tt*e did not bring it on ; but stipulated to try it at the April sittings. At the request of his counsel, the . trial was then put on. now moved to amend the de- ... . duration, by inserting the word skin after the word hyson, wherever it occurred, so that it might read hyson-skin tea, instead of hyson tea. He cited, 1 Caines, 153. Coleman’s Cases 59. 92.
Cited by 1 later decisions — most recently May 1903
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1807-05-15
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¶1The amendment prayed for does not create a new cause of action. Tea is the substantive cause of action, and the word hyson-skin is merely descriptive. The plaintiff may take his rule; but if he elects to withdraw his plea and confess the action, he will not be entitled to the costs of this motion. .
¶2Rule granted.