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· 7/1/1856

Brooks v. Chilton

Citations

  • 6 Cal. 640

Syllabus

<p>An answer which denies generally all the allegations of the complaint, is equivalent to the general issue at common law, and ought not to be struck out as sham or frivolous.</p> <p>Under it, payment or failure of consideration may be proved, and it admits nothing but the execution of the instrument declared on.</p> <p>By verification of the complaint the plaintiff can prevent the defendant from interposing a general denial in suits on promissory notes or bills of exchange, by requiring a sworn answer.</p>

Judges: Murray

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