Helms v. . Holton
Supreme Court of North Carolina
Appeal from Ward, J., at January Term, 1910, of Guileobd. Judgment was rendered for tbe plaintiff upon the pleadings. Defendant excepted and appealed to- this Court.
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Appeal from Ward, J., at January Term, 1910, of Guileobd. Judgment was rendered for tbe plaintiff upon the pleadings. Defendant excepted and appealed to- this Court. The plaintiff-sued to recover $6,000, evidenced by three notes, for $1,000, $2,-000 and $3,000, each dated 1 October, 1902, and interest from 1 October, 1904. Defendant admitted execution of the several notes and that he had paid' no part of the principal. and no interest since 1 October, 1904. The defendant alleged matters in defense and as a counterclaim, which may be thus summarized: He alleged that, in' July, 1901, plaintiff…
1Opinion of the CourtManning, J.
This appeal coming to ns from a judgment granted to the plaintiff upon the pleadings, we must, of course, assume that his Honor held'that the facts set up in the answer did not constitute, in law or' equity, a defense to the notes or a counterclaim or set-off available to the defendant. The motion of the plaintiff for judgment upon the pleadings was, in effect, a demurrer to the answer, and, being such, admitted the truth of the facts alleged in the answer, and denied only their legal sufficiency. Considering the facts alleged in the answer to be true, we think they amount to an actionable…
2Cases cited7 opinions
- May v. . LoomisSupreme Court of North Carolina · 1905
- Linington v. StrongIllinois Supreme Court · 1883
- Phettiplace v. SaylesU.S. Circuit Court for the District of Rhode Island · 1826
- Blacknall v. . RowlandSupreme Court of North Carolina · 1895
- Blacknall v. . RowlandSupreme Court of North Carolina · 1891
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3Cited by5 opinions
- Erickson v. StarlingSupreme Court of North Carolina · 1952
- City of Raleigh v. FisherSupreme Court of North Carolina · 1950
- Churchwell v. Branch Banking & Trust Co.Supreme Court of North Carolina · 1921
- Erickson v. StarlingSupreme Court of North Carolina · 1952
- Churchwell v. Branch Banking & Trust Co.Supreme Court of North Carolina · 1921