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Appellate Division of the Supreme Court of New York, 1915

Simpson v. Metropolitan Trust Co.

Simpson v. Metropolitan Trust Co.
Appellate Division of the Supreme Court of New York · Decided June 18, 1915 · McLaughlin
153 N.Y.S. 1144; 169 A.D. 923; 1915 N.Y. App. Div. LEXIS 8877 (New York Supplement)

Counsel

Nash Rockwood, of New York City, for appellant., Graham Sumner, of New York City, for respondents.

Simpson v. Metropolitan Trust Co.

Dissenting Opinion

McLAUGHLIN, J.

(dissenting). I am unable to concur with the other members of the court that the judgment and order appealed from should be affirmed. Upon the facts presented to the trial court, I think it should have permitted the defendant to have amended its answer by setting up the plea of payment. I therefore vote to reverse' the judgment and order and grant a new trial, with permission to the defendant to apply at Special Term for leave to amend its answer by setting up the plea of payment of the note sued on.

Opinion of the Court

PER CURIAM.

Judgment and order affirmed, with costs.

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