Blom v. McBride

Plaintiff brought this action on a promissory note against defendant, one of the indorsers thereon. Jury trial was had, and at the close of plaintiff’s case, defendant made a motion for directed verdict upon several grounds, one of them being that there had been a valid tender which discharged defendant as indorser.

Plaintiff raised the objection thereto that such defense was an affirmative one and had not been pleaded. Defendant thereupon moved for permission to amend its answer to plead such defense. Plaintiff objected, claiming surprise and asked for a continuance, so that he might “have an…