New York Court of Appeals

The Bank of Havana v. Magee

December 5, 185920 N.Y. 355

Summary

The Court affirmed the judgment, holding that a plaintiff's misnomer—using a name that does not correspond to a natural or artificial person—constitutes a merely formal error that may be cured by amendment under the Code and does not defeat the suit. The Court ordered that the error be disregarded because the defendant failed to timely object, and remanded for the lower court to amend the record.