Downey v. Palmer

While I think the plaintiff’s pleadings can doubtless be improved by amendment, *118and am thereafter satisfied with the result here reached, yet even amendment does not appear to me to he strictly necessary as the pleadings stood below. For the plaintiff has been allowed to plead, as a counterclaim in his reply, a claim for rescission of the agreement of settlement, together with judgment ior the money asserted to be due. Downey v. Palmer, D. C. S. D. N. Y., 31 F.Supp. 83. See also. D. C. S. D. N. Y., 27 F.Supp. 993, where defendant was later granted permission to amend her answer before the…