Taylor v. Carson
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Mary A. Taylor against Margaret Carson and others. From an order striking out an amended answer, defendants appeal.
1Opinion of the CourtRumsey, J.
The fact that the court, as a condition of striking out the amended answer, required Of the plaintiffs a stipulation that the facts set out in it might be proved as though pleaded, establishes the materiality of the amendment. It was clearly made in time, and therefore it could only be struck out if it was made to appear that it was interposed by the defendants for the purpose of delay, and that the plaintiff would thereby lose the benefit of the term for which the cause had been noticed. Code Civ. Proc. § 542. The time to serve an amended answer expired on the 27th of May. As a matter of…
2Cited by4 opinions
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