A policy of fire insurance was issued to the plaintiff by an association, styling itself the “New York Insurance Association of New York,” acting through Daniel Woodcock, who styled himself “Daniel Woodcock Sr Company, General Managers and Attorneys in Fact.” The policy contained this provision:
“No action shall be brought to enforce the provisions of this policy, except against the general managers as attorneys in fact and representing all of the underwriters, and each of the underwriters hereby agree to abide the result of any suit so brought as fixing his individual responsibility hereunder, and any such action shall be brought in the Supreme Court, county of New York.”
*72A loss occurred, which the insurers refused to adjust, with the result that a suit was brought. Pursuant to the terms of the policy, the summons and complaint were served on Daniel Woodcock, and the defendant was styled therein “Daniel Woodcock, doing business under the name of Daniel Woodcock & Company, Attorney in Fact for the New York Insurance Association of New York.” An answer was interposed, and the plaintiff finally, after a trial of the action, obtained a judgment. Not being able to obtain satisfaction of the judgment, the plaintiff instituted proceedings supplementary to execution, and examined Daniel Woodcock. On that examination it appeared that Daniel Woodcock was the attorney in fact of an association of underwriters styling themselves the “New York Insurance Association of New York,” an unincorporated association composed of individual underwriters, and that he, as general manager of such association, had funds in his hands, .which, however, he claimed belonged, not-to the association, but to the individual members. It also appeared that all of the individual underwriters, composing the association, did not underwrite each policy issued by the general manager; some underwriting one, some another, apparently as the general manager might arrange it. The plaintiff now wishes to correct the defendant’s name as it appears in all of the papers in the action, by striking out the words “the New York Insurance Association of New York,” and inserting therein the names of the individuals composing such association who underwrote the plaintiff’s policy.
Section 723 of the Code of Civil Procedure is broad enough to authorize the correction required in the furtherance of justice. So far as material it is:
“The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as it deems just, amend any process, pleading, or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting an allegation material to the case; or, where the amendment does not change substantially the claim or defense, by conforming the pleading or other proceedings to the facts 'proved:” 1 •
This is not a case of the change of parties, which is, of course, unauthorized. N. Y. S. M. Milk Pan Ass’n v. Rem. Ag. Works, 89 N. Y. 22; Licausi v. Ashworth, 78 App. Div. 486, 79 N. Y. Supp. 631. While the Code authorizes an amendment by adding or striking out the name of a person as a party, that does not authorize a substitution of parties. But in this case the right party was sued. The contract required the action to be brought against Daniel Woodcock, as attorney in fact. He appeared and defended as such. By no possibility could he have been deceived as to the nature of the action, or the real principals whom the plaintiff sought to charge. A case is plainly made, therefore, for the amendment asked for, which is the correction of the name of a defendant, instead of the substitution of a different defendant. Boyd v. U. S. Mortgage & T. Co., 94 App. Div. 413, 88 N. Y. Supp. 289; Ward v. Terry & Tench Const. Co., 118 App. Div. 80, 102 N. Y. Supp. 1066, affirmed 189 N. Y. 542, 82 N. Y. Supp. 1134.
The order, should be reversed, with $10- costs and disbursements, and the motion to amend granted, with costs. All concur.