An amendment to a defective indorsement on a writ of summons that merely corrects an erroneous date particular, without changing the substance of the claimed negligence and loss, does not add or substitute a new cause of action for limitation purposes. A defective indorsement that omits material facts is not a nullity and does not mean that any subsequently pleaded cause of action is necessarily 'new'. The court may look beyond the terms of the writ to background correspondence to determine the scope of the cause of action identified in the original indorsement.
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2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.