Page:North Dakota Reports (vol. 1).pdf/526

 said J. C. Drake, for a valuable consideration, sold, assigned, indorsed, and transferred said orders to plaintiff, and the indebtedness for which the same were given. Fifth. That on August 2, 1882, and September 11, 1882, as aforesaid, and at various times subsequently thereto, said orders were presented to the treasurer of defendant for payment, and payment thereof refused, and that no part thereof has ever been paid. Sixth. That plaintiff is now the legal owner and holder of said orders and claims, and that the same are Low due and payable, and that there is due from defendant to plaintiff thereon the sum of twenty-one hundred and forty-six and seveny-four one-hundredths dollars, with interest thereon, as aforesaid.”

To which complaint defendant answered as follows: “The above-named defendant, answering the complaint in this action, denies any knowledge or information sufficient to form a belief as to whether the plaintiff is, or at the times mentioned in the complaint was, a corporation, created, organized, or existing under or by virtue of the laws of the state of Minnesota, or doing business as such at Gull River, Minnesota. Defendant denies that on or about the 2d day of August or the 11th day of September, A. D. 1882, or at any other time, defendants made, executed, or delivered to one J.. C. Drake, its two warrants or orders mentioned in said complaint, or either of said warrants or orders. Defendant denies any knowledge or information sufficient to form a belief as to whether on said 2d day of August or 11th day of September, A. D. 1882, or at any other time, said J. C. Drake presented said orders for payment to Clemens Schmidt, treasurer of defendant, or as to whether payment of the same was on said date refused, or as to whether the indorsement mentioned in the complaint was made upon the back of the same. Defendant denies any knowledge or information sufficient to form a belief as to whether J. C. Drake sold, assigned, indorsed, or transferred said orders, or either of them, to the plaintiff, or the indebtedness for which the same were given. Defendant denies any knowledge or information sufficient to form a belief as to whether on August 2, 1882, and September 11, 1882, or at any other time, said orders were presented to the treasurer of defendant for payment, or payment thereof refused. Defend-