American Button-Hole, Overseaming, & Sewing Machine Co. v. Hill

Citations

• 27 S.C. 164
• 3 S.E. 82
• 1887 S.C. LEXIS 117

Syllabus

<p>1. An answer is frivolous when it fails to deny any of the allegations of the complaint or to state any new matter by way of defence.</p> <p>2. The fact of incorporation pertains to the right to sue, and therefore where a plaintiff' corporation alleged its corporate existence and defendant answered such allegation by a denial of knowledge or information sufficient to form a belief, the plaintiff’s corporate existence or capacity to sue is not in issue.</p> <p>3. Plaintiff alleged the execution and delivery to it by defendant of four notes, which were set out in full. Defendant admitted the execution of certain notes, but said he did not know the date, amount, or terms of said notes, and he denied “each and every allegation of said complaint not hereinbefore admitted or denied.” Held, that the answer was not frivolous, but raised an issue for the jury.</p>