Pegues v. Polson

The opinion of the Court was delivered by

Mr. Justice Fraser.

There is only one question in this case. The plaintiff brought this action as trustee in bankruptcy. The answer contained the following:

*457“2. That he has not sufficient information to either admit or deny the allegations contained in paragraph two thereof, and, therefore, demands strict proof thereof.”

The second paragraph of the complaint is:

“That H. J. Sellers Company has been duly adjudged a bankrupt, and that above-named plaintiff has been duly appointed trustee in bankruptcy for the estate of H. J. Sellers.”

Over the objection of…