Equitable Defenses, 32 Yale Law Journal 645 (1923)
The original New York Code of Civil Procedure, which proposed to bring about a fusion of common law and equity, contained no specific provision relating to equitable defenses. In view of doubts that were expressed–doubts which apparently were not shared by the Court of Appeals–the following amendment was made in 1852: "The defendant may set forth by answer as many defenses and counter claims as he may have, whether they be such as have heretofore been denominated legal or equitable, or both." A large number of the codes contain substantially similar provisions.
Date of Authorship for this Version
Cook, Walter Wheeler, "Equitable Defenses" (1923). Faculty Scholarship Series. Paper 4024.