Standard Sewing Machine Co. v. Henry

Citations

• 43 S.C. 17
• 20 S.E. 790
• 1895 S.C. LEXIS 127

Syllabus

<p>1. Motions. — Where notice is given of r motion to strike out an answer as sliam and frivolous, and pending such motion another notice is given of intention to rely upon certain papers in addition to those already mentioned, the second notice was only supplementary to the first.</p> <p>2. Affidavits — Relevant Facts. — On the hearing of a motion, an alleged letter written by defendant to one L., cannot be used against defendant, to show admission of the note in suit, without proof of defendant’s signature, or that L. had some connection with plaintiffs, and when the note referred to in the letter is not the same that is sued upon, although there is the general statement that it was a renewal.</p> <p>3. Siiam and Frivolous Answer — Material Issues. — An answer cannot be stricken out as sham or frivolous where it puts in issue any of the material allegations of the complaint, as, e. g., that plaintiffs were the legal owners and holders of the note sued on.</p> <p>4. Corporation — Partnership—Denial.—While a general denial does not put in issue the corporate capacity of the plaintiffs, does the same rule apply to a partnership defendant? But where the complaint alleges the names of the partners in its title, and charges that they made their promissory note, and the answer admits the execution of the note, it would seem to be an admission that they made’the note as partners.</p> <p>5. Costs. — Ten dollars, motion costs to an attorney, should not be awarded since the act repealing all acts allowing costs to attorneys.</p>