Edward Douglass White

“ There was no inherent antagonism between the two claims, since the amendment making Lucas Amadeo a party expressly alleged that his rights in and to the policy were subordinate to those of Miller, special master. We consider the provision of the Code of Procedure avove quoted as analogous to the provision in the codes of a number of the states of the Union, by which an action is required to be brought in the name of the real parties in interest, and it is allowable to join as parties-plaintiff those having an interest in the recovery sought. ”

“ This is illustrated by a provision (art. 161) in the general regulations, put in force in 1893 for the execution of the mortgage law, wherein it is provided that where an indemnity for insurance on property covered by a mortgage becomes due in consequence of the destruction of the property by fire, before the maturity of th mortgage debt, the creditor has a right to compel the deposit of the sum of the insurance to await the period of the maturity of the mortgage obligation. ”

“ We cannot yield our assent to the proposition. The contention that there should be a reversal because the defendant might have introduced evidence at the trial in support of certain defenses set up in its answer other than prescription, if it had not relied upon the certainty of securing a reversal by this court of any judgment which might be obtained against it, because of what was deemed to be the erroneous rulings as to the interruption of the prescription, is without merit. What term of prescription was applicable to the action was a disputed question at the trial ”

“ Subsequently an additional plea was filed, averring in substance that on September 3, 1884, Antonio Amadeo, by way of pledge, had assigned the policy of insurance in question to a bank styled the Credito Mercantil free from any claim of the Caja de Ahorros, the alleged mortgage creditor, and that by judicial proceedings the policy had been sold and purchased by said Credito Mercantil, and as neither the Caja de Ahorros or Miller were the transferees of the Credito Mercantil, the plaintiff was not entitled to recover. ”

“ Thus, when the court came to charge the jury, it enumerated specifically various issues of fact which they were to determine, and among those issues was not embraced any controversy whatever upon the fact of the transfer by the Credito Mercantil to Lucas Amadeo, as alleged in the amendment to the declaration, and no exception was taken to the action of the court in this particular. ”

“ On September 15, 1884, the Royal Insurance Company issued its fire policy in favor of Antonio Amadeo, 'estate owner of Quebrada Arenas Maunabo,' to the amount of £1,600, 'on stock of sugar and molasses deposited in the sugar manufactory on the estate Quebrada Arenas,' the risk only to begin two months and four days thereafter, viz., on November 19, 1884, and embracing the period between that date and November 19, 1885. ”

“ The elementary rule is that amendments are within the sound discretion of the trial court, and are not susceptible of review on error, except for a clear abuse. Gormley v. Bunyan, 138 U.S. 623, 34 L. ed. ”