Hastings v. Gwynn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. The case is stated sufficiently in the opinion of the court. contended that the allegation in the answer, that the defendants had not sufficient information to form a belief whether the indebtedness upon which suit was brought had been assigned to the plaintiffs, and whether they were then the owners of the same, did not amount to a denial but to an admission of the allegations in the complaint.
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APPEAL from the Circuit Court for Dodge County. The case is stated sufficiently in the opinion of the court. contended that the allegation in the answer, that the defendants had not sufficient information to form a belief whether the indebtedness upon which suit was brought had been assigned to the plaintiffs, and whether they were then the owners of the same, did not amount to a denial but to an admission of the allegations in the complaint. Howard’s Code, 235; Yan Santvoord’s PL, 409-10, 436 ; Chapman vs. Palmer, 12 How., 37; Edwards vs. Lent, 8 id., 28; Fates vs. Hides, 12 id., 153; Elton…
1Opinion of the Court
By the Court,
Paine, J.
This action was brought to recover the balance of an account, which the complaint alleges accrued against the defendant, in favor of the firm of Heaths & Farringtons, and was assigned to the plaintiff. It also avers that the defendant had notice of the assignment.
The only defense which the answer attempts to set up, is that the defendant had settled the account with one of the Heaths, who was the authorized agent of the firm, and had given his negotiable note for the amount due, which had been transferred to some third person, and was still outstanding. This answer was…
2Cases cited1 opinion
- Ladd Ex Rel. Montgomery v. LaddSupreme Court of the United States · 1850
3Cited by4 opinions
- State ex rel. Soutter v. Common Council of the MadisonWisconsin Supreme Court · 1861
- Clark v. DillonNew York Court of Common Pleas · 1882
- Maxim v. WedgeWisconsin Supreme Court · 1887
- Sigmund v. Bank of MinotNorth Dakota Supreme Court · 1894