Marx v. Gross
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Frederick Marx and others against Eugene A. Gross and others. Plaintiffs appeal from an order allowing defendants to serve an amended answer.
1Opinion of the CourtTruax, J.
The principal question argued at the general term related to* the power of the court at special term to allow an amendment setting up a new defense. We are of the opinion that the special term had the power to allow such an amendment. Smith v. Bodine, 74 N. Y. 35; Hatch v. Bank, 78 N. Y. 487.
The action was brought to recover damages for a failure to deliver certain glycerine that plaintiffs had purchased from the defendants. The answer was, in effect, a denial of the making of the contract set forth in the complaint. The defendants asked to amend their answer by setting up the defense that…
2Cases cited2 opinions
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- Smith v. . BodineNew York Court of Appeals · 1878
3Cited by2 opinions
- Murphy v. Plankinton BankSouth Dakota Supreme Court · 1904
- Hurlbut v. Interior Conduit & Insulation Co.The Superior Court of the City of New York and Buffalo · 1894