McQueen v. Babcock

The General Term correctly held that the defendant had the right to serye an amended answer twenty days after service of the original, and to include therein a new defense. (Code, § 172; 11 How. [273] 18th ed. 274.) This is now the settled practice of the Supreme Court. The idea that the defense of usury or of the statute of limitations, was to be treated in this respect different from other defenses, has been exploded. Courts now regard all legal defenses as entitled in this respect to the same consideration. The question in this case was not addressed to the favor or discretion of the…