The Superior Court of New York City May 6, 1890 (Marx v. Gross)

By the Court.—Truax, J.

The principal question argued at the general term related to the power of the court at special term to allow an amendment setting up a new defence. We are of the opinion that the special term had the power to allow such an amendment. Smith v. Bodine 74 N. Y. 35 ; Hatch v. Central National Bank 78 lb. 487.