Schwarz v. Oppold

Citations

• 7 Daly 121

Syllabus

<p>In an action upon a promissory note, the defendant, under a general denial, may prove as a defense a fraudulent alteration of the note made after its execution.</p> <p>Quaere, whether, upon principle, such a defense is not new matter which should be set up in the answer. Per Charles P. Daly, Chief Justice.</p> <p>Judgment as for want of an answer cannot be given at trial, for the reason that the defendant there testifies that he did not verify his answer to the verified complaint. An objection at the trial that a pleading is unverified is too late.</p>