Union National Bank of Troy v. Bassett
New York Supreme Court
Appeal from an order of the special term allowing the defendant to amend his answer so as to set up the defence of usury. The cause was tried before Mr. Henry Hogeboom, as referee. On the trial, June 25, 1866, there was testimony introduced which showed that the note was usurious. The reference was adjourned to July 30, when further testimony was introduced by the plaintiffs.
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Appeal from an order of the special term allowing the defendant to amend his answer so as to set up the defence of usury. The cause was tried before Mr. Henry Hogeboom, as referee. On the trial, June 25, 1866, there was testimony introduced which showed that the note was usurious. The reference was adjourned to July 30, when further testimony was introduced by the plaintiffs. At the close of the testimony the defendant’s attorney moved to amend his answer, so as to let in the defence of usury, and asked that the answer should be conformed to the evidence, so that this defence would be…
1Opinion of the Court
By the Court. *—Miller, J.
I think that there was no such laches on the part of the defendant in maldng the motion, as would authorize a denial of it for that reason. The first knowledge which the defendant obtained as to the alleged usury was on the 25th of June. He could not have made his motion sooner than the special term which was held July 30, following. It actually "was made on the 6th of August, very soon afterwards, and I think this was in season.
The power of the court to allow the answer proposed, if it exists at all, is conferred by section 173 of the Code. As originally enacted it…
2Cases cited7 opinions
- Richardson v. City of BostonSupreme Court of the United States · 1857
- The New York Ice Company v. . North Western Insurance Co.New York Court of Appeals · 1861
- Harrington v. SladeNew York Supreme Court · 1856
- Sheldon v. AdamsNew York Supreme Court · 1863
- Adams v. PrestonSupreme Court of the United States · 1860
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