Lariviere v. Boucher

This is an action of contract to recover for money lent by the plaintiff to the defendant. The answer of the defendant contained a general denial and plea of payment. At the trial, questions were asked of the plaintiff on cross-examination concerning his knowledge of the bankruptcy of the defendant. The plaintiff objected to this line of inquiry on the ground that the defence of bankruptcy was not open under the pleadings; the questions were admitted by the trial judge, who suggested that the defendant could later amend his answer. The plaintiff testified in response to these questions that…