
    Heneshoff against Miller and Miller.
    Amendmentto a declaration íowedlafter¡ssubstituting^ the word hyson skin for hyson (tea.)
    This was an action of trover. The cause was noticed for trial at the sittings after last November term, when tt*e did not bring it on ; but stipulated to try it at the April sittings. At the request of his counsel, the . trial was then put on.
    
      Bogeri, for the plaintiff,
    now moved to amend the de- ... . duration, by inserting the word skin after the word hyson, wherever it occurred, so that it might read hyson-skin tea, instead of hyson tea. He cited, 1 Caines, 153. Coleman’s Cases 59. 92.
    
      Griffin and T. A. Emmet, contra.
   Per Curiam.

The amendment prayed for does not create a new cause of action. Tea is the substantive cause of action, and the word hyson-skin is merely descriptive. The plaintiff may take his rule; but if he elects to withdraw his plea and confess the action, he will not be entitled to the costs of this motion. .

Rule granted.  