Oregon Steamship Co. v. Otis , 34 N.Y. Sup. Ct. 452 ( 1882 )

Opinion by

Brady, P. J.;

Daniels, J., concurred. Present — Brady, P. J., and Daniels, J.

Judgment reversed and amendment allowed, with costs of appeal to abide the event. If, however, the amendment be such in its effect as to destroy all the defense and the defendant withdraws his answer and declines to answer anew, then it is to be allowed only upon the payment of the costs of the action.