Cooke

. The opinion of the Court was delivered by

This was an action brought for the recovery of a debt assigned by William S. Walton to the plaintiff.

The debt and the assignment were proved, and a verdict was rendered for the plaintiff, and judgment entered accordingly.

The counsel for the defendant have moved for a new trial, upon the ground that before the jury had been empanelled, the *411 leave of the Court was asked to amend his answer by adding a plea of the statute of limitation; which was refused by the Court, and to which he excepted.

The object of the statute in reference to amendments, is unquestionably the furtherance of justice. So far as that goes, Courts ought to be disposed to treat such applications favourably. In most instances it is a matter of course, that they should be granted. But Courts have not' been inclined to look very kindly upon statutes of limitation, except where they were used as the instruments of justice, and not of strategy. For example, there is a wide distinction between the protection of minor heirs by such means, and the facility on the other hand, afforded to the wary and skilful of escaping from the payment of an equitable demand. In the…