Brooks v. Chilton

Decided July 1, 1856

California Supreme Court · decided 1856-07-01

Appeal from the District Court of the Sixth Judicial District. The plaintiffs, doing business as Brooks & Co., declared on an inland hill of exchange for $1,100, drawn by A. L. Chilton on Jas. H. Ray, and accepted by the latter, but not paid, and due notice thereof given to Chilton. The defendants filed an answer, in which they “ deny each and every allegation in the said complaint contained.” The answer also pleads certain sums paid by Ray as set-offs, and concludes as follows: “And the said defendants further answering said complaint, deny that they are indebted to said plaintiffs in the sum of eleven hundred dollars, or in any other sum whatever, and therefore pray, etc.” On motjon of the plaintiffs, supported by affidavit, the Court below struck out the answer as frivolous, and entered judgment for plaintiffs. Defendants appealed.

Cited by 1 later decisions — most recently February 2000

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Decided 1856-07-01

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The opinion of the Court was delivered by Mr. Chief Justice Murray.

¶1Mr. Justice Heydenfeldt and Mr. Justice Terry concurred,

¶2An answer that denies generally all the allegations of the complaint has before been decided equivalent to the general issue at common law, and ought not to be struck out as sham or frivolous; under it, payment or failure of consideration, may be proved, and it admits nothing, under our statute, but the execution of the instrument declared.

¶3If the plaintiff wishes to prevent the defendant from interposing a general denial in suits upon promissory notes or bills of exchange, he should verify his complaint, which will render a sworn answer necessary; otherwise he cannot object to a plea, such as was filed in this case.

¶4Judgment reversed and cause remanded.