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Simpson v. Metropolitan Trust Co.

153 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1915-06-18 Docket No. 7475 English

Decision Majority — PER CURIAM. · Dissent — McLAUGHLIN, J.

Contents
p. 1144
SIMPSON et al. v. METROPOLITAN TRUST CO. OF CITY OF NEW YORK.
(No. 7475.)
(Supreme Court, Appellate Division, First Department.
June 18, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by John W. Simpson and others against the Metropolitan Trust Company of the City of New York, as administrator, etc. From a judgment entered upon a directed verdict, and from an order denying a motion for a new trial, defendant appeals.
Judgment and order affirmed.
Nash Rockwood, of New York City, for appellant.
Graham Sumner, of New York City, for respondents.

Judgment and order affirmed, with costs.

(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.