Larsen v. Duke

It is contended, since no reply was filed to the new matter pleaded in the answer, that the same is to be taken as true. The only question at issue was the date of the last payment. Plaintiff in his complaint alleged it was July 29, 1916, and defendant, by answer, alleged it was May 22, 1916. Otherwise stated, plaintiff pleads • facts to toll the statute and defendant avers them to invoke it as a bar to the action. Was it necessary for plaintiff to file a reply denying the date as alleged by defendant? We think not. Plaintiff said the payment was made in July. Why should he be obliged to deny…