Barnett v. Meyer

Brady, J.:

The court below allowed an amendment of the answer herein by setting up the defense of usury. The plaintiffs appeal, and the proposition advanced by their counsel is, that the application being to the favor of the court, and to its equitable powers, the application should be denied. He seems to assert that the cases do not allow such a proceeding, where the defense of usury was not originally *110interposed. Whatever may have been the earlier doctrine on the subject of what were called unconscionable defenses, it no longer prevails.

The rules which govern amendments are now to be…