Thurber-Whyland Co. v. Klittner , 42 N.Y. St. Rep. 157 ( 1891 )

Pratt, J.

The complaint was consistent with the facts, and recited the assignment of the claim by the copartnership to the new corporation formed to continue its business. The issuance of the summons in the name of the copartnership instead of the corporation was a manifest error, which the court had power to amend. It was an error in the name, which was properly corrected on motion. Order affirmed", with $10 costs and disbursements.

All concur.