Tattersall v. Hass
New York Court of Common Pleas
Appeal by defendant from a judgment of the Fourth District Court. This action was for rent. The answer contained a denial of tbe allegations in the complaint and a plea of prior adjudication. Upon the day to -which the trial was adjourned, after joining issue, the defendant moved to amend his answer, by inserting an allegation that the leased premises became untenantable by tbe negligence of the landlord. The motion was denied and tbe defendant excepted.
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Appeal by defendant from a judgment of the Fourth District Court. This action was for rent. The answer contained a denial of tbe allegations in the complaint and a plea of prior adjudication. Upon the day to -which the trial was adjourned, after joining issue, the defendant moved to amend his answer, by inserting an allegation that the leased premises became untenantable by tbe negligence of the landlord. The motion was denied and tbe defendant excepted. Upon the trial several questions were asked, to which a merely general objection was interposed, the admission of which the appellant…
1Opinion of the Court
Ikgeaham, First Judge. —
The court below properly refused to allow the amendment of the answer. The plaintiff had brought his case on for trial, and the defendant then asked to amend the answer, by setting up a defence of which no notice had been given and which the plaintiff could not be expected to be prepared for with evidence. If the refusal of the justice to allow an amendment of pleadings is in any case ground of appeal, it can only be so when no injustice would result from granting the application. The defence proposed to be added by amendment was not one of which the tenant could take…
2Cited by1 opinion
- Nicoll v. HymanNew York Court of Common Pleas · 1894