Caldwell v. Ruddy

Citations

• 2 Idaho 1
• 1 P. 339
• 1881 Ida. LEXIS 1

Syllabus

<p>Objections to Answer in the Supreme Court. — An objection that an answer does not contain facts sufficient to constitute a defense may be made in the supreme court for the first time.</p> <p>Same. — If, however, the answer contains ■ any defense, the objections must be overruled. j</p> <p>Answer — Inconsistent Defenses — Demurrer—Motion to Strike.— An objection that the answer contains inconsistent defenses cannot be made by demurrer, but by motion to strike out, or to require the defendant to elect upon which defense he will stand.</p> <p>Improvements — Public Lands — Sale — Consideration.— Improvements upon the public lands are lawful subjects of sale and are a sufficient consideration to support promissory notes and other contracts.</p> <p>Defense — Inadequacy of Consideration. — Inadequacy of consideration is no defense to an action on a promissory note unless there was fraud also on the part of the promisee.</p> <p>Voidable Contract — Insane Person — Personal Privileges. — The contract of an insane person is merely voidable, not absolutely void. The right to avoid it is a personal right which can only be exercised by the insane person, or his guardian, or legal representatives. Other parties to the contract who are of-sound mind are not affected until it is avoided by the party entitled to dis-affirm it.</p> <p>Avoiding Contract — Return of Consideration. — The insane person may not disaffirm his contract without returning the consideration.</p> <p>Surety — Competency of Principal. — A surety to a promissory note is deemed to contract that the principal maker is in every way competent to contract in the way he has done.</p> <p>(Syllabus by the court.)</p>