Metropolitan Trust Company

Not overruled or negatively treated on appealinfoCoverage
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.