De Peyster v. Colden

Decided July 26, 1831

New York Court of Chancery · decided 1831-07-26

This cause was on the calendar upon bill and answer. Mr. C. Graham, now presented a petition, on the part of the defendants, for leave to prove- receipts at the hearing of the cause.

Decided 1831-07-26

The Vice-Chancellor.

¶1This may possibly be a proper case for an amendment of the answer, so as to let the receipts appear on the face of it: but you can never be allowed to introduce evidence not contained in the answer, when the cause is set down on bill and answer only.

¶2Application refused.