Benham v. Connor

Citations

• 113 Cal. 168
• 45 P. 258
• 1896 Cal. LEXIS 760

Syllabus

<p>Action upon Notes by Endorsee—Insufficient Counterclaim against Payee—Notice of Assignment—Construction against Pleader— Judgment upon Pleadings.—In an action upon promissory notes brought by an indorsee thereof, an answer stating no other defense than alleged counterclaims against the payee of the notes, but not alleging facts showing that the counterclaim arose before defendant had notice of the assignment of the notes to plaintiff, is to be construed most strongly against the pleader, and raises no issues which can be considered in the case; and it is not error for the court to grant judgment in favor of plaintiff upon the pleadings.</p>