New York Court of Common Pleas January 15, 1877 (Obregon v. De Mier)

Van Hoesen, J.

I am of opinion that the pleadings should be changed conformably to the proposition made in open court, at the trial, by the counsel for the defendant.

The complaint should be amended so as to allege a demand for money had and received, or any other demand arising from a breach of contract.