Harrington v. Slade
New York Supreme Court
THIS was an appeal from an order' made by Justice 0. L. Allen, at a special term, granting leave to the defendant Slade to put in a supplemental, or a new answer, to the bill. The suit was commenced in April, 1832, in the late court of chancery, to foreclose a mortgage given by Jacob Becker, on the 20th of August, 1803, on premises now owned by Slade. Becker and the other owners of the mortgaged premises were made parties to the suit.
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THIS was an appeal from an order' made by Justice 0. L. Allen, at a special term, granting leave to the defendant Slade to put in a supplemental, or a new answer, to the bill. The suit was commenced in April, 1832, in the late court of chancery, to foreclose a mortgage given by Jacob Becker, on the 20th of August, 1803, on premises now owned by Slade. Becker and the other owners of the mortgaged premises were made parties to the suit. The defendant Slade purchased the premises, pendente lite, from Jesse Anthony and James Wallis, two" of the defendants in that suit, and took a warranty deed…
1Opinion of the Court
By the Court, Paige, J.
The defendant Slade does not, in his supplemental answer, state that he was ignorant of the new facts set up therein, at the time of the putting in of his original answer, or that, if known to him at that time, they were omitted by mistake or inadvertence; nor does he state any other sufficient reason for the omission. He merely states the new facts upon information received since the putting in of his original answer. This may be strictly true, and yet he may have had full knowledge of such facts when he put in such answer. (1 Barb. Ch. Pr. 165, 6. 4 John. 375, 6.)…
2Cases cited18 opinions
- In re the case of YatesNew York Supreme Court · 1809
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Padgett v. LawrenceNew York Court of Chancery · 1843
- Stuyvesant v. HallNew York Court of Chancery · 1847
- Heyer v. PruynNew York Court of Chancery · 1839
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3Cited by33 opinions
- Hovey v. . ElliottNew York Court of Appeals · 1890
- Criss v. CrissWest Virginia Supreme Court · 1886
- Camden v. AlkireWest Virginia Supreme Court · 1884
- Norton v. BirgeSupreme Court of Connecticut · 1868
- Mutual Loan Ass'n v. LesserAppellate Division of the Supreme Court of the State of New York · 1903
28 more not listed; retrieve them via the Exa API.