Griffith v. Wright

Citations

• 21 Wash. 494
• 58 P. 582
• 1899 Wash. LEXIS 316

Syllabus

<p>PLEADING-FAILURE OP CONSIDERATION-CONCLUSION OP LAW.</p> <p>Want of consideration for the execution of a promissory note is a matter of affirmative defense, which should be pleaded by stating the facts showing the want of consideration, unless the parties go to trial upon the allegation that the note is without consideration, thus treating the statement as an issuable fact instead of a conclusion of law.</p> <p>SAME — -MOTION TO MAKE'MORE DEFINITE — TIME POR INTERPOSING.</p> <p>Where a plaintiff is permitted on the trial to amend her reply for the purpose of putting it in such a shape as to make the introduction of evidence admissible showing want of consideration for the execution of a promissory note, after objection by defendant that the original reply did not allege any issue of fact, a motion by defendant to make the amended reply more definite and certain so as to state the facts showing want of consideration, does not come too late, and should be granted, where the allegations of the reply amount to a conclusion of law.</p>