Frost v. Harford
S. L. FROST, and MARGARET F. FROST (his wife) v. FREDERICK HARFORD, (Administrator of the Estate of William Harford, deceased)
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Wallaoe, J.,
delivered tbe opinion of tbe Court, Temple, J., Cbookett, J., and Rhodes, C. J., concurring:
There was upon tbe face of tbe complaint no misjoinder of parties plaintiff. It did not appear by any averment in tbe complaint that tbe plaintiffs were husband and wife at tbe time tbe note was given to tbe female plaintiff. Tbe demurrer was, therefore, properly overruled.
*166 Tbe finding of tbe Court below is, tbat tbe defences set up in tbe answer (tbat tbe note in suit was not made by tbe deceased, William Harford; tbat there was no consideration etc.,) are not true in point of fact, and as tbe evidence is conflicting upon all tbe points, tbe finding'will not be disturbed bere.
Tbe defence set up in tbe answer, to tbe effect tbat tbe plaintiff, Margaret, is not tbe legal owner and bolder of tbis note, wbicb runs to ber upon its face, is frivolous; and tbe other defence, tbat tbe note is not ber separate property, is tbe statement of a mere conclusion of law; and each of these pretended defences would doubtless have been stricken out in tbe Court below on motion.
■ Tbe judgment and order are affirmed.
Sprague, J., expressed no opinion.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 5 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.