Appellate Terms of the Supreme Court of New York February 7, 1908 (Box Board & Lining Co. v. John H. Wiemers, Inc.)

SEABURY, J.

In our judgment the costs imposed as a condition of allowing the amendment to the complaint were entirely inadequate. The answer contained not only a general denial, but a counterclaim. The plaintiff had once taken the defendant’s default, and the defendant was permitted to have this default opened only upon payment of $55.