Cowton v. Anderson
1 How. Pr. 145
N.Y. Sup. Ct.
1845
Check Treatment
Bronson, Chief Justice.

The fact that the note was given for money won at play, does not take it out of the general rule, that a party must *146put in his defence at the proper time of pleading, and not suffer a default to he taken against him. The defendant shows no excuse for not having availed himself of his defence by pleading. The motion must be denied with costs.

Rule accordingly.