Dunsmore v. Elliott
Supreme Court of Iowa
Appeal from the Polk District Court. This suit was commenced before a justice of the peace, on a promissory note payable to one Laning or bearer.
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Appeal from the Polk District Court. This suit was commenced before a justice of the peace, on a promissory note payable to one Laning or bearer. Tbe ■defendant appeared and filed an answer, denying tbe indebtedness, and setting up that said note was given as the difference in tbe exchange of horses; that Laning represented his horse to be sound, and worth one hundred dollars, and warranted him sound in every particular; that defendant relied upon the representations, and that the horse was diseased and wholly worthless; tbat said note was obtained by fraud, and tbat plaintiff bad knowledge…
1Opinion of the CourtWright, C. J.
It will be observed, that this answer specifically sets up affirmative matter, wbicb, if true, was a complete defence to tbe note. Not being denied, it was to be taken as true. Code, §§ 2284,1742. If these sections have any meaning or purpose, tbe defendant7» case was as completely made out by this pleading, as if be bad introduced ever so much evidence.. Why should be be required to prove that wbicb tbe law treats as admitted, if undenied?’ If there bad been any pretence of denial, though imperfectly stated, it would raise a different question. But neither tbe entries on tbe justice’s…
2Cited by2 opinions
- McKinney v. HartmanSupreme Court of Iowa · 1856
- Teagarden v. BakerSupreme Court of Iowa · 1859