Knutkowski v. Cross

Plaintiff, individually and as personal representative of the estate of George D. Knutkowski, asserted claims against defendant, the decedent's widow, for, among other things, failing to repay two loans that decedent made to defendant. Defendant filed an answer denying that she had failed to repay any loans but did not raise any other defenses to the loan claims. Defendant subsequently moved to amend her answer to add the statue of limitations, laches, and waiver as affirmative defenses to the loan claims. The Master in Chancery granted that motion in a Final Report and plaintiff filed exceptions to the Final Report. The court held that the Master correctly exercised his discretion in allowing the amendment. Therefore, plaintiff's exceptions to that decision were denied. Plaintiff's exception to the Master's decision not to award him the attorney's fees and costs he incurred in opposing the amendment was also denied. View "Knutkowski v. Cross" on Justia Law