Wakefield v. American Surety Co.
New York Court of Common Pleas
Appeal from a judgment of the General Term of the City Court of New York affirming a judgment of that court entered upon the verdict of a jury directed by the court. The facts are stated in the opinion.
1Opinion of the CourtVan Hoesen, J.
In Holyoke v. Adams (59 N. Y. 233, 237), Judge Folger, in discussing the question of the defendant’s, right to interpose a supplemental answer, said: “ Generally a defendant has a right to set up, by supplemental answer, matter of defense which has occurred, or come to his knowledge, subsequently to the putting in of Iris first answer. But he must apply to the court, by motion, for leave to do so, so that the opposite party may be heard, and the court may determine whether there have been inexcusable laches, or whether any of the reasons appear that are recognized as giving authority for…
2Cases cited2 opinions
- Holyoke v. . AdamsNew York Court of Appeals · 1874
- Wilson v. . PalmerNew York Court of Appeals · 1878
3Cited by6 opinions
- Keller v. FeldmannNew York Court of Common Pleas · 1893
- Keller v. FeldmanNew York Court of Common Pleas · 1893
- Sinclair v. HollisterNew York Court of Common Pleas · 1891
- Bigelow Co. v. GrayNew York Court of Common Pleas · 1888
- Gregory v. FichtnerNew York Court of Common Pleas · 1891
1 more not listed; retrieve them via the Exa API.