Metropolitan Trust Company

Appellate Division of the Supreme Court of New York, First DepartmentJun 1, 1915
169 App. Div. 923 (N.Y. App. Div. 1915)

June, 1915.

Present — Ingraham, P.J., McLaughlin, Laughlin, Clarke and Scott, JJ.; McLaughlin, J., dissented.

Judgment and order affirmed, with costs. No opinion.

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.