First National Bank v. Abmeyer

Citations

• 82 Kan. 283
• 108 P. 94
• 1910 Kan. LEXIS 243

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Fraud — Pleading—Waiver—Admissions. In an action to recover upon a promissory note, by an indorsee against the maker, the answer of the maker was that there was fraud in the inception of the note. The plaintiff replied denying “each and all of the allegations in said answer contained which are in any way inconsistent or which deny the allegations in plaintiff’s petition.” Held, that the reply was defective, but as the parties proceeded through two trials as if the reply was sufficient and the fraud alleged in the answer was in issue the defendant is not in a position to insist that the averments of fraud were admitted.</p>