← Cases

Crine v. Borneman

9 N.Y. St. Rep. 846 Court N.Y. Gen. Term Decision date 1887-06-18 English

Contents

Majority

p. 846
HANNAH CRINE v. HERMANN BORNEMAN.

Headnote

Amendment of complaint—Terms imposed.
Benno Loewry, for app’lt; John M. Bowen, for resp’t.

The terms on which leave was given to amend the complaint on payment of all costs of the action were too severe. To meet the ends of justice in the case all that was required was to reimburse the defendant for the costs of the trial and the costs of opposing the motion. The amount required to be paid should be reduced to the trial fee, the disbursements on the trial, including witness’ fees and ten dollars costs of opposing the motion, without costs of the appeal.