Caldwell v. Ruddy
Idaho Supreme Court
APPEAL from District Court, Nez Perce County. The facts are sufficiently stated in the opinion. The answer does not state°facts sufficient to constitute a defense, and may be raised in supreme court for first time, citing Haskell v. Moore, 29 Cal. 437. The averment of tender in the answer is insufficient, as there is no allegation that the tender was kept good. (Jouett v. Wagner, 2 Bibb, 269, 5 Am.
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APPEAL from District Court, Nez Perce County. The facts are sufficiently stated in the opinion. The answer does not state°facts sufficient to constitute a defense, and may be raised in supreme court for first time, citing Haskell v. Moore, 29 Cal. 437. The averment of tender in the answer is insufficient, as there is no allegation that the tender was kept good. (Jouett v. Wagner, 2 Bibb, 269, 5 Am. Dee. 602j Estee’s Pleading, 11, 140, 746; Redington v. Chase, ■34) Cal. 666.) The answer contains inconsistent defences. {Derby v. Gallup, 5 Minn. 119; Auld v. Butcher, 2 Kan. 135; Hensley v.…
1Opinion of the CourtPrickett, J.
This action was brought by the plaintiff against the defendant, in the district court, upon two joint and several promissory notes, alleged to have been executed by the defendant and one Michael Ruddy, deceased. Each of said notes are for the sum of $2,646.38, both dated March 7, 1872 — one due October 15, 1872; the other, October 15, 1873. Also upon an account for $303.34. Upon the first-mentioned note is credited $1,554.13, January 15, 1873. The defendant’s amended answer consists of ten subdivisions, each of which was, no doubt, intended as a complete or partial defense to the said several…
2Cited by17 opinions
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- Cowen v. HarringtonIdaho Supreme Court · 1897
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