3 How. Pr. 14
Decided September 15, 1846
New York Supreme Court · decided 1846-09-15
Motion by Plaintiffs for leave to amend declaration by adding a special count.—This suit was brought to recover the amount of a bill of exchange, drawn by JSTestell on Frost and Jacobus, and payable to the order of Flint, and endorsed by him. The Plaintiffs declared on the money counts only, and annexed a copy of the bill of exchange to the declaration accompanied with a notice that it was the only cause of action.
Decided 1846-09-15
¶1Denied the motion upon the ground that under the Statute (2 B. S. 2d ed. 274,) authorizing a joint suit against makers endorsers of promissory notes and bills of exchange, the Plaintiffs could only maintain their action on the bill of exchange, and as they had commenced their action under that statute, they could not be allowed to amend' the declaration by adding a special count, "'
¶2Motion denied with costs.