New York Court of Appeals

George E. Holyoke v. . Samuel Adams

December 8, 187459 N.Y. 233

Summary

The New York Court of Appeals held that a supplemental answer under Code of Procedure §177 is not an absolute right and may be denied at the court's discretion for reasons such as laches, fraud, or injustice. The court found the lower court's denial of leave to file a supplemental answer asserting a bankruptcy discharge was proper and dismissed the appeal.