Grossman Clothing Co. v. Gordon

Summary

The Illinois Appellate Court held that the trial court abused its discretion by denying the plaintiff leave to file a reply to the defendants’ affirmative defense at trial. The court reversed the judgment for the defendants and remanded for a new trial, concluding that the circumstances established good cause for allowing the late reply.

Holdings

1. The trial court abused its discretion by denying plaintiff leave to file a reply instanter because defendants pleaded new matter by way of defense, the motion for judgment on the pleadings was made at trial without prior notice, and good cause existed for allowing the late filing.
2. The court did not reach this issue because its ruling requiring leave to file a reply required reversal and remand for a new trial.

Questions Presented

1. Whether the trial court abused its discretion by denying plaintiff leave to file a reply to defendants' affirmative defense.
2. Whether defendants' answer established a defense to plaintiff's cause of action as a matter of law.

Disposition

reversed_and_remanded