Lamberton v. Shannon

Citations

• 13 Wash. 404
• 43 P. 336
• 1896 Wash. LEXIS 59

Syllabus

<p>PLEADING — ACTION ON PROMISSORY NOTE—INCONSISTENT DEFENSES.</p> <p>In an action upon a promissory note, a general denial that defendants had as principals promised to pay the sum alleged in the complaint to plaintiff, “except as herein expressly admitted, explained, or qualified,” will, in the absence of anything restricting the application of such qualifications to the general denial, apply to an affirmative defense; and, in such case, the averments in the affirmative defense that defendants indorsed as sureties only, will destroy the effect of the general denial, as being inconsistent therewith.</p>