2. Negative Pregnant Denials A negative pregnant is a statement phrased in the negative that carries an
Question:
2. “Negative Pregnant” Denials A “negative pregnant” is a statement phrased in the negative that carries an affirmative implication. Suppose plaintiff alleged that defendant owes her $89,000 under a contract. Defendant’s denial “that he owes plaintiff $89,000” could be held to be an admission that the amount owed is a penny less than the stated amount. See Thompson v. Hamilton Motor Co., 170 Cal. 737, 151 P. 122 (Cal. 1915). Should this rule, which dates to the common law effort to distil a case to a single issue, apply under the Federal Rules? Would the preferred practice be an order under Rule 12
(e) for a more definite statement?
Step by Step Answer:
Civil Procedure Cases And Materials
ISBN: 9780314280169
11th Edition
Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff