Trustees of Macalester College v. Nesbitt
Trustees of Macalester College v. Nesbitt
Opinion of the Court
The plaintiffs brought this action to recover from the defendant upon a contract made by him to pay to them the amount of two certain promissory notes signed by a third party. The answer alleges that the defendant, by the fraud of the plaintiff Page, was induced to enter into the contract. The plaintiffs made separate replies. The plaintiff Page, in his reply, denied each and every allegation contained in the answer, and each and every part thereof. The reply of the trustees of Macalester College, so far ashore material, “denies that it has any knowledge or information sufficient to form a belief as to the truth of the allegations contained in said answer.” On the trial the plaintiffs proved the contract declared upon and a breach thereof. The defendant offered no evidence, and the trial court instructed the jury to return a verdict for the plaintiffs, and the defendant appeals from an order denying his motion for a new trial.
The defendant claims that the reply of the trustees is defective, in that it does not deny any knowledge or information sufficient to form a belief as to the truth of any or of all of the allegations of the answer; hence, the allegations of the answer were admitted.
Order affirmed.
Reference
- Full Case Name
- TRUSTEES OF MACALESTER COLLEGE and Another v. GEORGE W. NESBITT
- Status
- Published