John W. Simpson and Others, Respondents, v. Metropolitan Trust Company of the City of New York, as Administrator, etc., Appellant

John W. Simpson and Others, Respondents, v. Metropolitan Trust Company of the City of New York, as Administrator, etc., Appellant. Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 13th day of January, 1915, upon a directed verdict, and also from an order, entered on the 9th day of February, 1915, denying amotion for a new trial. [MAJORITY] Judgment and order affirmed, with costs. Ho opinion. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.; McLaughlin, J., dissented. [DISSENT — McLaughlin, J. (dissenting):] McLaughlin, J. (dissenting): I am unable to concur with the other members of the court that the judgment and order appealed from should be affirmed. Upon the facts presented to the trial court I think it should have permitted the defendant to have amended its answer by setting up the plea of payment. I, therefore, vote to reverse the judgment and order and grant a new trial, with permission to the defendant to apply at Special Term for leave to amend its answer by setting up the plea of payment of the note sued on.