Castro v. Wetmore

Citations

• 16 Cal. 379

Syllabus

<p>Whbbe, in an action on a lost note, a verified complaint alleges, that on a particular day the note in question was made by defendant and delivered to plaintiff, an answer denying the making and delivery of the note on the day mentioned is insufficient. Such denial does not reach the substantial matter of the averment, and only raises an immaterial issue as to time.</p> <p>Distinction between proof of allegations of matter of substance and allegations of matter of description, stated.</p> <p>Where, in an action on a Iqst note, the complaint verified alleges the loss, stating particularly the circumstances thereof, an answer denying that the note was lost, as alleged, does not put in issue the fact of loss, which is the gist of the averment, but only the circumstances of the loss, which are collateral and immaterial.</p>