New York Supreme Court, 1845

Cowton v. Anderson

New York Supreme Court · Decided April 15, 1845 · Bronson

1 How. Pr. 145

Counsel

N. B. Blunt, Defts Counsel. A. L. Brown, Defts Jltty., J. Newland, Plffs Counsel. A. B. Belknap, Plffs Jltty.

Opinion of the Court

Bronson, Chief Justice.

The fact that the note was given for money won at play, does not take it out of the general rule, that a party must *146put in his defence at the proper time of pleading, and not suffer a default to he taken against him. The defendant shows no excuse for not having availed himself of his defence by pleading. The motion must be denied with costs.

Rule accordingly.

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