New York Court of Appeals
Shepherd F. Knapp, as Receiver v. Walter Roche, Appellant
January 15, 188494 N.Y. 329
Summary
The Court held that a complaint alleging illegal loans must also allege non‑payment to state a cause of action, and that evidence of payment by a joint tortfeasor is admissible under a general denial to show lack of damages or partial satisfaction. Accordingly, the trial court's exclusion of such evidence was erroneous, and the judgment was reversed with a new trial ordered.