Seattle National Bank v. Meerwaldt

Citations

• 8 Wash. 630
• 36 P. 763
• 1894 Wash. LEXIS 120

Syllabus

<p>PLEADING — ANSWER—NEGATIVE PREGNANT — DENIAL UPON INFORMATION AND BELIEF — REPLEVIN — DEMAND — PARTIES — JUDGMENT.</p> <p>In an action of replevin to recover possession of a city warrant which plaintiff alleges came into its hands by endorsement, an answer alleging “that whether said warrant came into the hands of plaintiff as alleged, this defendant has no knowledge or information sufficient to form a belief, and he therefore denies the same,” is an insufficient denial, for the reason that it constitutes a negative pregnant.</p> <p>Where the complaint in such action alleges that plaintiff “forwarded and delivered unto the bank of Port Angeles into the hands of one B. F. Schwartz, the then manager of said bank, the said warrant with the following endorsement thereon, to wit: ‘For collection and credit account of Seattle National Bank, Seattle, Wash.; signed, Robert G. Hooker, cashier,’” a denial of such allegations on information and belief is sufficient, although defendant is in possession of the warrant and could have had actual knowledge of the endorsement, as the material allegation of the complaint goes to the fact of the forwarding and delivery of the warrant, and not to that of its endorsement.</p> <p>Although a paragraph of the complaint may allege several distinct matters, an answer thereto constitutes a sufficient denial when it alleges “that whether the matters and things set forth [in said paragraph] are true or false, defendant has no knowledge or information sufficient whereof to form a belief, and he therefore denies the same.”</p> <p>A paragraph of answer denying the allegations of a specific paragraph of the complaint is sufficient to raise an issue without being addressed to the allegations contained in other portions of the complaint, although having a direct bearing on the subject matter of the issue presented.</p> <p>Where the defendant in an action of replevin has set himself up as the owner of the chattel in controversy, the necessity of de