Kinney v. Osborne
California Supreme Court
Appeal from the Seventh District. Defendant appeals.
1Opinion of the CourtBaldwin, J.
This was assumpsit on a promissory note.
1. The note or a copy was annexed to the complaint. The defendant answered, not denying the execution of the note, but denying that he was indebted to the plaintiff. This was. no denial at all. The admission that he made the note being equivalent so far to a confession of the debt; and the denial of the indebtedness being only a denial of the legal consequence resulting from the execution of the note.
2. The defendant further set up by way of answer a prolix statement of facts to this effect, that the note was given for certain land, fencing and building…
2Cited by1 opinion
- Cowen v. HarringtonIdaho Supreme Court · 1897