Arnold v. Chesebrough

The practice formerly prevailing in this state of examining into the meritoriousness or morality of defenses sought to be interposed by way of amendment to the answer is no longer valid. Gilchrist v. Gilchrist, 44 How. Pr. 317; Sheldon v. Adams, 41 Barb. 54; Pike v. Bingham. 11 Reporter 750. When law or equity recognizes a defense as proper to be interposed to the plaintiffs’ claim, it should be treated upon a motion of this kind as entitled to the same consideration as any other defense. There is nothing upon the papers to show that plaintiffs’ situation has changed for the worse in…