Baker v. Garris
Supreme Court of North Carolina
This is a civil ACTION, which was tried at September Term, 1890, of -WayNE Superior Court, Boykin, J., presiding. The complaint alleges— 1. That on January 1st, 1886, Julia J. V. Garris, wife of the defendant, for a valuable consideration, executed and delivered her promissory note, under seal, to the plaintiff, wherein she promised to pay the plaintiff, on January 1st, 1888, the sum of $400, with interest at eight per cent, per annum from said January 1st, 1886, and that no…
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This is a civil ACTION, which was tried at September Term, 1890, of -WayNE Superior Court, Boykin, J., presiding. The complaint alleges— 1. That on January 1st, 1886, Julia J. V. Garris, wife of the defendant, for a valuable consideration, executed and delivered her promissory note, under seal, to the plaintiff, wherein she promised to pay the plaintiff, on January 1st, 1888, the sum of $400, with interest at eight per cent, per annum from said January 1st, 1886, and that no part of said indebtedness has been paid. 2. That in 1887 said Julia J. V. Garris died posse-sed of real and personal…
1Opinion of the Court
Shepherd, J.:
The defendant moves in this Court to dismiss the action, for that the complaint does not state facts sufficient to constitute a cause of action. It appears on the face of the. complaint that the defendant’s testatrix, a married woman, executed her simple promissory note to the plaintiff in the sum of four hundred dollars, and that she died “ possessed of real and personal estate, leaving a will in which the defendant was appointed executor.” There is an entire absence of any allegation showing that the contract was such as she was by statute competent to make, nor is there the…
2Cases cited23 opinions
- Thornton v. . BradySupreme Court of North Carolina · 1888
- Dougherty v. . SprinkleSupreme Court of North Carolina · 1883
- Pippen v. . WessonSupreme Court of North Carolina · 1876
- Johnson v. . FinchSupreme Court of North Carolina · 1885
- Vick v. . PopeSupreme Court of North Carolina · 1879
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3Cited by14 opinions
- Armstrong, Cator & Co. v. BestSupreme Court of North Carolina · 1893
- Hanover National Bank v. HowellSupreme Court of North Carolina · 1896
- Ball v. Paquin.Supreme Court of North Carolina · 1905
- Green v. . BallardSupreme Court of North Carolina · 1895
- Loughran v. . GilesSupreme Court of North Carolina · 1892
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