Quigley v. Merritt
Supreme Court of Iowa
Appeal from Dubuque District Court. Action for money had and received by defendant to plaintiff’s use. The answer denies the indebtedness to the amount claimed or any other sum, denies that defendant ever undertook and promised as in the petition claimed, that he has or ever had any money to and for plaintiff’s use, and all claim as set up in said petition. For further answer the defendant sets up matter in the nature of a plea “in confession and avoidance.”
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Appeal from Dubuque District Court. Action for money had and received by defendant to plaintiff’s use. The answer denies the indebtedness to the amount claimed or any other sum, denies that defendant ever undertook and promised as in the petition claimed, that he has or ever had any money to and for plaintiff’s use, and all claim as set up in said petition. For further answer the defendant sets up matter in the nature of a plea “in confession and avoidance.” This ground of defence is stated differently in several distinct pleas, but the substance of them all is, that in consideration of…
1Opinion of the CourtWright, J.
This judgment must be affirmed. If it be granted that in some cases that may be supposed a general denial of an adversary’s pleadings might not be good on demurrer, or that a motion for a more specific denial might prevail, yet in the case before us we are,not prepared to say that the denial was so fatally defective as that the petition was to be taken as true.
The pleas .in the nature of pleas “in confession and avoidance” did not destroy the force and effect of the preceding general denial. The burden of proof was still on the plaintiff. Grash v. Sater et al, 6 Iowa 301.1
Judgment affirmed..…
2Cases cited1 opinion
- Grash v. SaterSupreme Court of Iowa · 1858
3Cited by5 opinions
- Treadway v. S. C. & St. P. R. Co.Supreme Court of Iowa · 1875
- Rudd v. DeweySupreme Court of Iowa · 1903
- McLaughlin v. AlexanderSouth Dakota Supreme Court · 1891
- Wyoming Construction & Development Co. v. Buffalo Lumber Co.Wyoming Supreme Court · 1917
- Parsons v. TrowbridgeCourt of Appeals for the Eighth Circuit · 1915