Foulks v. Rhodes
Nevada Supreme Court
Appeal from tbe District Court of the Second Judicial District, Washoe County. The facts are stated in the opinion. I. The general demurer to defendant’s amended answer should be overruled if the whole answer discloses any one valid defense. (People v. Merrill, 26 Cal. 361; 4 Cal. 327, 428; 10 Cal. 233; 26 Cal. 294.) II. Defendant’s plea of payment is sufficient. (2 Van Sant. PL 551.) III. The allegations in the. answer as to formation of partnership is sufficient.
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Appeal from tbe District Court of the Second Judicial District, Washoe County. The facts are stated in the opinion. I. The general demurer to defendant’s amended answer should be overruled if the whole answer discloses any one valid defense. (People v. Merrill, 26 Cal. 361; 4 Cal. 327, 428; 10 Cal. 233; 26 Cal. 294.) II. Defendant’s plea of payment is sufficient. (2 Van Sant. PL 551.) III. The allegations in the. answer as to formation of partnership is sufficient. (Gage v. Angelí, 8 How. 335.) IV. The allegations as to breach of contract were abundantly sufficient. (Prescott dt Booth v.…
1Opinion of the Court
*229By the Court,
Beatty, J.:
This is a suit upon a promissory note of the defendant, dated in December, 1873, for two hundred and ninety dollars, payable to the plaintiff one day after date, and upon an account for goods sold and money advanced by the plaintiff to the defendant prior to the commencement of the action, which was on July 31, 1875. The amount claimed on the account is nine hundred and fifty-eight dollars and seventy-five cents. The defendant admits an original indebtedness of nearly tbe amount claimed, but pleads payment and counter-claims. The plaintiff demurred to the answer on the…
2Cases cited1 opinion
- Brevoort v. WarnerNew York Supreme Court · 1853