Scott v. Esterbrooks
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action on an instrument for the payment of money only. From judgment sustaining a demurrer to the complaint, plaintiff appeals. The facts are stated in the opinion. In a complaint upon a promissory note, a copy of the instrument and a statement of amount due thereon is all the allegation necessary.
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Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action on an instrument for the payment of money only. From judgment sustaining a demurrer to the complaint, plaintiff appeals. The facts are stated in the opinion. In a complaint upon a promissory note, a copy of the instrument and a statement of amount due thereon is all the allegation necessary. Marshal v. Rockwood, 12 How. 452; Bui die v. Carruthers, 15 N. Y. 425; Keletlas v. Meyers, 19 Id. 231. A frivolous pleading is one so clearly and palpably bad as to require no argument or illustration to show its character. 18…
1Opinion of the CourtKellam, J.
Appellant’s complaint in the court below was, after a formal introduction, as follows: “(1) That this action is founded on an instrument for the payment of money only, made and delivered to said Thos. H. Breen, of which the following is a copy, viz: ‘$100.00. Lead, March 31st, 1893. Due Thos. H. Breen, on demand, one hundred dollars, on purchase price of house. Mrs. Minnie Esterbrooks.’ (2) That, before the commencement of this action, payment of the same was duly demanded of said defendant on, towit, the 21st day of April, 1893, and at sundry times since said day. (3) That there is due to…
2Cases cited5 opinions
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Marshall v. RockwoodNew York Supreme Court · 1855
- Watson v. BarrSupreme Court of South Carolina · 1892
- Butchers & Drovers' Bank v. JacobsonThe Superior Court of New York City · 1862
- Strunk v. SmithWisconsin Supreme Court · 1875
3Cited by1 opinion
- Miller v. JonesNebraska Supreme Court · 1940