Sener v. McCormick

Citations

• 15 Pa. Super. 588
• 1901 Pa. Super. LEXIS 394

Syllabus

<p>Practice — Amendments—Change of cause of action.</p> <p>While the courts are disposed to be liberal in the allowance of amendments either as to parties or to pleadings, this is never done when the opposite party is thereby deprived of any substantial right. A new cause of action cannot be introduced or new parties brought in, or a new subject-matter presented, or a fatal and material defect in the pleadings be corrected after the statute of limitations has become a bar.</p> <p>In an action by one of two accommodation indorsers against the other on a check which was admitted to be the proceeds of the note indorsed, which at the time the suit was brought was barred by the statute, the plaintiff will not be permitted to amend his statement by introducing as the cause of action a note given as the second renewal of that of which the check declared upon was the proceeds, although the plaintiff may have paid the last renewal note.</p>