Hood Ex Rel. North Carolina Bank & Trust Co. v. Pittman

Neither of the assignments of error on this appeal can be sustained.

The demurrer was properly overruled. There was no error in the refusal of the trial court to allow plaintiffs’ motion for judgment as of nonsuit on defendants’ counterclaim.

Neither Buncombe County v. Hood, Comr., 202 N. C., 792, 164 S. E., 370, nor Child v. Hood, Comr., 203 N. C., 648, 166 S. E., 809, is applicable to the instant case. In each of those cases the plaintiff had failed to allege in his complaint that he had made demand on the defendant for the payment or allowance of his claim before the commencement of the…