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18 Ind. 300

Swope v. Fair

Indiana Supreme Court

Decided May 15, 1862

Indiana Supreme Court · decided 1862-05-15

<p>A general answer of fraud is bad. Fraud must be specifically pleaded.</p> <p>A general answer of no consideration is good.</p> <p>But a general answer of failure of consideration is bad, and such, failure must be specifically pleaded.</p>

Relies on Copple v. Helm

Good law ✅— No negative treatment on recordhow we know

Decided 1862-05-15

How this case has been cited

Cited by 4 later decisions — most recently May 1885

4 state decisions

20186218701880decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Perkins, J.

¶1Suit upon a note.

¶2Answer:

¶31. The general denial.

¶42. "Want of consideration.

¶53. Fraud, generally, in its procurement.

¶64. Fraud, setting out the facts.

¶75. Same as the fourth.

¶8The third paragraph of the answer was bad. A general answer of fraud is not good. Fraud is shown by facts, and under the code they must be stated. The fourth and fifth paragraphs were stricken out on motion, and, not being incorporated in a bill of exceptions, are not before us. Ind. Dig. p. 649, sec. 174; Copple v. Helm, 15 Ind. 147.

¶9The cause was tried by the Court on the first three paragraphs, and a judgment given for the plaintiff. ¥e can not reverse on the evidence. Observe, a general answer of no consideration whatever is good. Ind. Dig. p. 660, see. 272. A general answer of failure of consideration is bad. Failure of consideration is shown by facts, and they must be s.et out. Ibid.sec. 273.

Per Curiam.

¶10The judgment is affirmed, with -1 per cent, damages and costs.

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