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D. Burnham versus The Savings Bank for the county of Strafford

January 1, 1832 - Opinion

Unanimous

D. Burnham versus The Savings Bank for the county of Strafford.

Where a corporation has been sued by a wrong name, the mistake may be corrected by an amendment of the writ.

BY THE COURT, J.

In this case, the writ had been sued against the defendants by the name of “ the president and trustees of the savings bank for the county of Strafford.”

F. Smith, for the plaintiff,

moved for leave to amend the writ, by striking out of the name given to the corporation, the words “ the president and trustees of.”

Ilodgdon and Christie, for the corporation.

By the court. The mistake in the writ is clearly amendable, and tile plaintiff has leave to amend his writ. 10 Mass. Rep. 203, Kincaid v. Howe; 5 ditto, 99, Bullard v. The Nantucket Bank; 11 ditto, 338, Sherman v. C. R. Bridge.

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January 1, 1832 D. Burnham versus The Savings Bank for the county of Strafford Current page Opinion Supreme Court Reporter