Anonymous
United States Circuit Court
1Opinion of the Court
At law. This was a rule obtained by the defendant, after two or three terms that the cause has been at issue, for liberty to amend his plea of covenants performed, which it is admitted, if allowed, will compel the plaintiff to discontinue the action. The plea is certainly a fair one, it being stated, that the defendant is a sub-tenant, and has paid the rent demanded, to his immediate lessor. But still, the defendant asks a favour, and one which the court, in its discretion, and upon the circumstances of the case, may grant upon equitable terms. Now, it appears that the defendant, by refusing…
2Cited by2 opinions
- Honeywell v. BurnsNew York Supreme Court · 1828
- Holmes v. LansingNew York Supreme Court · 1800