Salisbury v. Bennett

LACOMBE, Circuit Judge.

This is a motion for leave to amend the answer by setting up the statute of limitations. The action is for libel, and the limitation is two years. Code Civ. Proc. N. Y. § 384. The defense was not interposed when the answer was served, for the reason that, under the decisions of the state courts *744as they then stood, defendant’s counsel assumed that it was a defense which he could not establish. The recent decision of the state court of appeals in Hart v. Kip, 148 N. Y. 806, 42 N. E. 712, reversing same case, 74 Hun, 412, 26 N. Y. Supp. 522, and construing section 401 of…