Bay View Brewing Co. v. Grubb

Citations

• 24 Wash. 163
• 63 P. 1091
• 1901 Wash. LEXIS 509

Syllabus

<p>BILLS AND NOTES — PLEADING — ALLEGATION OF CONCLUSIONS-WAIVER OF DEMAND AND NOTICE.</p> <p>An allegation in a complaint upon a promissory note against an indorser thereof that at the time of indorsement “he waived demand and notice” is not such a conclusion of law as to render the complaint demurrable for want of facts, since such allegation is one of the facts, although the facts stated may embody a conclusion as well.</p> <p>SAME-PROOF ADMISSIBLE UNDER GENERAL DENIAL.</p> <p>In an action against an indorser upon a promissory note, in which the complaint alleges waiver by defendant of demand and notice, the defendant may, under the general denial, prove that the waiver was not upon the note at the time of its indorsement by him, since it is necessary on plaintiff’s part to prove his averment of waiver, and the general' denial puts in issue all the material allegations of the complaint.</p>