Gould v. Gleason

The opinion of the court was delivered by

Scott, J.

Plaintiff brought suit against the defendants-upon a certain promissory note. The first answer filed by the defendants contained the following allegation: “First. They admit making the note sued on as set out in plaintiff’s complaint.” An affirmative defense was also pleaded. After the cause was called for trial and while a jury was being empaneled, the defendants asked permission to amend their answer, which was granted ; whereupon an amended answer was filed which made some change in the form of the affirmative defense, and which also denied…