Morel v. Garelly
New York Court of Common Pleas
• Appeal from an order refusing leave to put in a supplemental answer. This action was brought by John B. Morel against Garelly, Baare, and Geer, to recover a debt contracted in France. After answer, defendants were discharged by bankruptcy proceedings in France, which discharge they moved to set up" by supplemental answer.
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• Appeal from an order refusing leave to put in a supplemental answer. This action was brought by John B. Morel against Garelly, Baare, and Geer, to recover a debt contracted in France. After answer, defendants were discharged by bankruptcy proceedings in France, which discharge they moved to set up" by supplemental answer. The proposed supplemental answer set up that the defendants were declared bankrupts by the Tribunal of Commerce, at Paris, and that a concordat was made between them and their creditors, and confirmed by the court, whereby the defendants were released from 85 per cent, of…
1Opinion of the Court
By the Court.—Brady, J.
Any defence which a party could have pleadedyws darrien continuance as a matter of strict right, he should be allowed to set up by supplemental answer. (Code, §§ 177, 469; Shawe a. Wilmerden, 2 Cai., 380; Broome a. Beardsley, 3 Ib., 172; Hoyt a. Sheldon, 4 Abbotts' Pr., 59; affirming S. C., 6 Duer, 661; Sandford a. Sinclair, 3 Den., 269.)
If the defendant be guilty of laches, it is in the discretion of the court to receive the plea or not. (Morgan a. Dyer, 9 Johns., 255; 10 Ib., 161; Ludlow a. McCrea, 1 Wend., 228. See, also, Merchants’ Bank a. Morse, 2 Johns., 294;…
2Cases cited4 opinions
- Ludlow v. McCreaNew York Supreme Court · 1828
- Morgan v. DyerNew York Supreme Court · 1812
- Sandford v. SinclairNew York Supreme Court · 1846
- Tuffs v. GibbonsNew York Supreme Court · 1839
3Cited by4 opinions
- Purdy v. Manhattan Ry. Co.New York Court of Common Pleas · 1895
- Giles v. AustinThe Superior Court of New York City · 1874
- Jones v. GouldNew York Supreme Court · 1907
- Lyon v. IsettThe Superior Court of New York City · 1871