Denison v. Bassford
New York Court of Chancery
This was an application to take the answer of the defendants Bassford and wife off of the files of the court for irregularity. The bill was filed to foreclose a mortgage; and an answer on oath was waived. The defendant Bass-ford put in an answer for himself and wife, by his solicitor ; but which answer was not signed by the defendants. The answer alleged that the mortgage was usurious.
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This was an application to take the answer of the defendants Bassford and wife off of the files of the court for irregularity. The bill was filed to foreclose a mortgage; and an answer on oath was waived. The defendant Bass-ford put in an answer for himself and wife, by his solicitor ; but which answer was not signed by the defendants. The answer alleged that the mortgage was usurious. But the mortgagor, from whom the defendant Bassford purchased the premises subject to the payment of the mortgage, swore that this allegation in the answer was entirely false; and that the mortgage was given…
1Opinion of the Court
The Chancellor.
As the complainant had the power to compel the defendant to swear to the truth of his answer, I cannot order the answer to be taken off the files merely on the ground that the defendant has set up matters of defence which he knew to be false ; or which he had no reason to believe were true. The remedy for such an abuse *371of his privilege of answering is* at the hearing, to charge him personally with the costs to which he has subjected the complainant by his false pleading. But in such a case, if the defendant has made a technical slip, the court will not give him the benefit of…
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