Crane Bros. Manufacturing Co. v. Morse
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. On motion, the county court struck out the defendant’s answer as frivolous, and gave judgment for the plaintiff. This is an appeal by the defendant from the judgment. The complaint (which is in the usual form) is upon an account for goods sold, attached thereto as an exhibit. The corporate character of the plaintiff, and an express agreement by the defendant to pay interest on the account after a certain time, are alleged.
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APPEAL from the County Court of Winnebago County. On motion, the county court struck out the defendant’s answer as frivolous, and gave judgment for the plaintiff. This is an appeal by the defendant from the judgment. The complaint (which is in the usual form) is upon an account for goods sold, attached thereto as an exhibit. The corporate character of the plaintiff, and an express agreement by the defendant to pay interest on the account after a certain time, are alleged. The answer is as follows: “ 1. Defendant denies that he is indebted to the plaintiff in manner and form as alleged in his…
1Opinion of the CourtLyoN, J.
The answer is clearly frivolous. First. The first defense pleaded is nil debet, which is entirely inappropriate to an action of assumpsit, and may always be treated as a nullity when pleaded in such an action. 1 Chitty’s Pl. (7th Eng. ed.), 518. Second. The corporate character of the plaintiff is not specifically denied, as required by the statute. R. S., 1012, sec. 4199. A denial of knowledge or information thereof sufficient to form a belief falls far short of such a denial. Hence the answer raises no issue in that behalf. Third. The denial that the defendant agreed in writing to pay…
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