Cowen v. Harrington
Idaho Supreme Court
APPEAL from District Court, Sbosboue County. Did the court err in striking out defendant’s answer? The •admitted rule is, that a verified answer containing an affirmative defense should not be stricken out. (Smith v. Homer, 15 Mise.
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APPEAL from District Court, Sbosboue County. Did the court err in striking out defendant’s answer? The •admitted rule is, that a verified answer containing an affirmative defense should not be stricken out. (Smith v. Homer, 15 Mise. Kep. 403, 36 N. Y. Supp. 1089; Pfister v. Wells, 92 Wis. 171, 65 N. W. 1041.) The district judge seems to have treated the motion to strike as a demurrer, and to have had his mind •occupied with the idea that if defendant could not return the property for which the notes were given, then his defense of fraud and misrepresentation could not stand. There are two…
1Opinion of the CourtSullivan, C. J.
This is an action, brought by the respondent as plaintiff, to recover on two promissory notes, •dated the eighteenth day of November, 1893 — one for $500, ■and the other for $1,000. Said notes were given in part payment for a placer mining claim. This suit was commenced on April 16, 1896. The defendant, by his answer, admitted the execution of said promissory notes, and alleged by way of defense that plaintiff, by false and fraudulent representations, induced defendant to purchase a placer mining claim; that plaintiff represented to defendant that said mining claim contained and would produce…
2Cases cited4 opinions
- Burton v. StewartNew York Supreme Court · 1829
- Gifford v. CarvillCalifornia Supreme Court · 1866
- Caldwell v. RuddyIdaho Supreme Court · 1881
- Kinney v. OsborneCalifornia Supreme Court · 1859
3Cited by6 opinions
- Exchange Lumber & Mfg. Co. v. ThomasIdaho Supreme Court · 1951
- Turner Agency v. PembertonIdaho Supreme Court · 1923
- Daniels v. EnglehartIdaho Supreme Court · 1910
- Mazarredo v. GarcíaSupreme Court of Puerto Rico · 1923
- Brown v. JonesIdaho Supreme Court · 1930
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