The plaintiff’s assignor, having rendered services in the binding of books, assigned her claim therefor to the plaintiff, who brought an action to recover the amount of the claim. The cause came to trial, whereupon it developed that the party against whom the plaintiff sought to enforce this claim had not been summoned, and that the defendant in the action was improperly designated as the party for whom the plaintiff’s assignor had rendered the sendees. At this stage of the trial, the plaintiff’s' counsel offered to withdraw the action, when the court directed that ah amended summons be issued, incorporating the defendants herein, without the additional expenses of bringing another action. To.this.action, of’the court an exception was duly taken.
The'judgment- should be reversed on the following grounds, viz.: The court had no power to amend the original summons by substituting new defendants for the one originally named therein, nor-
The judgment should be reversed, with costs, but without prejudice to the plaintiff to bring another action.
Present: Beekman, P. J., Gildersleeve and Gieg-erich, JJ.
Judgment reversed, with costs, without prejudice to plaintiff.