Lord & Taylor v. Hatch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward Hatch, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of December, 1911, denying the defendant’s motion, to amend the answer.
1Opinion of the Court
Per Curiam :
The action is on an account stated to recover upwards of $100,000. The issues herein were referred to a referee to hear, try and determine on the 10 th day of June, 1911. At the close of the plaintiff’s case a motion to dismiss the complaint was made and denied. The defendant then moved to amend the answer by pleading the Statute of Limitations, the Statute of Frauds and a discharge in bankruptcy. The motion was denied by the referee, evidently on the ground that it should be made at Special Term. The motion was then promptly made at Special Term for the same relief. The defendant…
2Cases cited1 opinion
- Delabarre v. McAlpinAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Taylor & Taylor v. HatchAppellate Division of the Supreme Court of the State of New York · 1913