Estep v. Burke

Burke and Kramer sued James Estep, Isaac Estep, and Nathan Druly, upon a bill of exchange.

A joint demurrer was filed to the complaint, alleging that it did not contain a cause of action against a part of the defendants.

A pleading bad as to a part, is bad as to all. Hence, a demurrer by three, good only as to one, if taken separately, is bad as to all, being taken jointly.

A paragraph of the answer set up, in defense, an agreement, which the statute of frauds requires to be in writing, but was not accompanied either by the written agreement, or a copy of it, or an excuse for not furnishing one…