New York Court of Appeals

Julia S. Boyd, Respondent v. United States Mortgage and Trust Company, Appellant, Impleaded With Others

January 22, 1907187 N.Y. 262

Summary

The Court affirmed the judgment for the plaintiff, holding that an amendment changing the defendant's designation from trustee to its individual capacity does not constitute the addition of a new party and therefore does not permit the defendant to invoke the statute of limitations. The Court also affirmed the negligence finding, concluding that the evidence of an unsafe, unguarded stairway was sufficient to sustain the verdict.