Cook v. Bee

The Chancellor:

— The defendant Bee moved the court to be permitted to amend Ms answer so as to rely upon the statute of frauds as a defence. The court declined to entertain the motion unless accompanied with an affidavit showing a sufficient reason why the defence was not inserted in the original answer. Bowen v. Cross, 4 Johns. Ch. 375; Thomas v. Doub, 1 Md. 252; Graham v. Skinner, 4 Jones Eq. 94; McKim v. Thompson, 1 Bland, 150. The defendant’s solicitor thereupon filed his own affidavit. The affidavit required in such cases is obviously the affidavit of the defendant, although it may, if…