Partridge v. Fidelity & Casualty Co.

The defendant made a motion at Special Term for permission to serve an amended answer setting up as a new defense that the policy sued upon had expired by its terms before the plaintiff’s intestate received the injury which the complaint alleges caused his death. The learned Special Term held that the defendant was not guilty of laches, but denied the motion upon the ground that the proposed defense is insufficient, as a matter of law, to raise an issue. (124 Misc. 634.)

Ordinarily the court will riot, on a motion to amend, determine the merits of the proposed amendment, but will leave the…