Northwestern Cordage Co. v. Galbraith

Citations

• 9 S.D. 634
• 70 N.W. 1048
• 1897 S.D. LEXIS 122

Syllabus

<p>1. Where plaintiff alleges that it is a corporation, its corporate existence is not put in issue, under Comp. Laws, § 2908, by defendant’s averring “that he'has no knowledge or information sufficient to enable him to form a belief” as to the truth of the allegation, “and therefore he denies it.”</p> <p>2. An answer which alleges that plaintiff payee is hot the owner and holder of the note sued on presents a material issue, and hence is not frivolous.</p>