Fisk v. Reser
Supreme Court of Colorado
Error to the District Court of Arapahoe County. Action by the assignee of a promissory note against an indorser ; other matters stated in the complaint are also relied on to sustain the action. The pleadings, so far as the same are necessary to an .understanding of the opinion, are as follows: complaint.
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Error to the District Court of Arapahoe County. Action by the assignee of a promissory note against an indorser ; other matters stated in the complaint are also relied on to sustain the action. The pleadings, so far as the same are necessary to an .understanding of the opinion, are as follows: complaint. Plaintiff Fisk, for amended complaint, complains and alleges : “ That on or about the 11th day of November, A. D. 1882, one Edgar D. Parker, for value received, made, executed and delivered to Elizabeth S. Iliff, as guardian for Edna Iliff, Louise Iliff and Willie I. Iliff, minor children of…
1Opinion of the CourtJustice Elliott
The only matter assigned for error is the overruling of *92plaintiff’s demurrer to the second defense. In passing upon a demurrer to a separate defense purporting to be an answer to the whole complaint, such defense is to be considered as though it were the only answer in the case, and, with this limitation, the demurrer brings up for review the entire pleadings.
The demurrer was an admission of the truth of all the facts well pleaded in the second defense; in like manner, every material allegation of the complaint not controverted by the second defense, must, for the purposes of the…
2Cases cited22 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Good v. MartinSupreme Court of the United States · 1877
- Stephens v. ClaySupreme Court of Colorado · 1892
- Calkins v. ChandlerMichigan Supreme Court · 1877
- Fitzgerald v. MorrisseyNebraska Supreme Court · 1883
17 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lipschitz v. PeopleSupreme Court of Colorado · 1898
- Kinsel v. WielandSupreme Court of Colorado · 1906
- First National Bank v. Cripple Creek State BankSupreme Court of Colorado · 1916
- Johnson v. BottColorado Court of Appeals · 1903
- Johnson v. BottColorado Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.