Haskins v. D'Este

The St. of 1877, c. 163, provides that “ any signature to a written instrument declared on or set forth as a cause of action or ground of defence or set-off, in an action at law, shall be taken as admitted, unless the party sought to be charged thereby shall file in court, within the time allowed for answer, a special denial of the genuineness of such signature and a demand that the party relying thereon shall prove the same at the trial.”

The two defendants were sued in a writ which describes them as “ late copartners under the firm name and style of D’Este & Co.,” and the declaration alleges…