Summary
In Price v. Brown, 112 N.Y. 677, "where upon trial before a referee of an action to recover a balance of trust funds alleged to have been in the hands of defendant's testator at the time of his death, the referee allowed an amendment of the complaint by striking out a credit given by mistake and increasing the amount claimed, and where the judgment entered upon the referee's report was reversed and a new trial granted," it was held that the amendment did not introduce a new cause of action and was within the discretion of the referee.
Summary of this case from Estate of William MunzorOpinion
Argued December 4, 1888
Decided March 5, 1889
Nathaniel C. Moak for appellants.
John L. Hill and George H. Starr for respondent.
FINCH, J., reads for affirmance.
All concur.
Judgment affirmed.