Torts · MBE-tested

ELLEN L. PROCTOR and JAMES C. PROCTOR vs. JOHN F. WEIGOLD, ET AL.

5 Conn. Supp. 73·Connecticut Superior Court·1937·CT

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Opinion

ELLEN L. PROCTOR and JAMES C. PROCTOR vs. JOHN F. WEIGOLD, ET AL. Superior Court Fairfield County File #33805 #33349 Present: Hon. NEWELL JENNINGS, Judge. Louis M. Altman, Attorney for the Plaintiffs. Walsh 6? Buckley, Attorneys for the Defendants. MEMORANDUM FILED APRIL 27, 1937. [MAJORITY — JENNINGS, J.] JENNINGS, J. To the original complaints sounding in negligence, the plaintiff seeks to add by amendment a second count. The proposed amendment prays for the setting aside of a conveyance for fraud on the plaintiff. The propriety of including such a count in this suit is questioned by the defendants. This raises an issue of law which may not be decided on a motion to amend but should be squarely raised by demurrer. Newman vs. Golden, 108 Conn. 676, 679. Smith vs. Furness, 117 Conn. 97, 100. The motions to amend are granted.