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This is an action upon two promissory notes, one for $5,000 currency, and the other for $14,000 gold. Each note contained the following clause : “ With interest at 2 per cent, per month; interest payable monthly, and if not paid to become part of the principal.” The complaint was filed May 8th, 1873. The answer was filed August 11th, 1873, and the defense was payment. The case came on for trial before a jury July 22nd, 1875. After the plaintiff had rested her case, and the defendant had given some evidence, the defendant offered to show that the notes in question were without consideration; and upon the Court refusing to hear such proof under the pleadings, defendant asked leave to file an amended answer, alleging want of consideration. The Court refused to permit the defendant to amend, on the ground that the case had been at issue nearly two years, and the trial had already commenced, and new issues would be tendered by the amendment. In our opinion, the Court properly exercised its discretion in refusing to allow this amendment. During the trial, it appeared that the parties had had many transactions, and plaintiff had held several notes of defendant-—among others three held by…