Wedderspoon v. Rogers

Citations

• 32 Cal. 569
• 1867 Cal. LEXIS 102

Syllabus

<p>Pleadings on Note.—If the complain^ in a suit on a note avers that the defendant made and delivered the note to the plaintiff, and that the plaintiff is still the owner and holder, the allegation that plaintiff is the owner and holder is but a conclusion of law, and an answer denying it but admitting the other allegations of the complaint, raises no material issue.</p> <p>Idem.—Such answer should be stricken out on motion as irrelevant, and plaintiff is entitled to judgment on the pleadings, even if there is an averment in it, that the action is not prosecuted, in the name of the real party in interest, and that another person owns the note.</p> <p>Sham Answer.—If the complaint avers that defendant made and delivered the note to plaintiff, and that plaintiff is still the owner and holder, and the answer denies that plaintiff is the.owner and holder, and the plaintiff introduces affidavits showing by a statement of facts that the note is his, and the defendant’s counter-affidavits merely state that the answer is true and was put in in good faith—the answer is sham, and should be stricken out as such.</p>