Julio v. Equitable Life Assurance Society

McAdam, Ch. J.

The court may, and in a proper case, must, “ upon such terms as are just,” permit a supplemental answer, alleging material facts which occurred after the former pleading (Code, § 544). The proposed supplemental answer herein pleads the release of the alleged cause of action, and is therefore material, and the court must therefore permit it to be interposed, and the only question is “ what terms are just ” under the circumstances. As the defense proposed is one which is likely to defeat the action and , deprive the plaintiff’s attorney of the taxable costs which he has earned and…