Griffin v. Asheville Light Co.
Supreme Court of North Carolina
Civil action, heard at August Term, 1892, of Buncombe Superior Court before Bynum, J. The plaintiffs filed their complaint on August 17, 1892, verified as appears in the record : 1. That the defendant, The Asheville Light and Power Company, is a corporation duly chartered and existing under , .and by virtue of the laws of the State of North Carolina. 2. That upon the 15th day of December, 1891, the defendant, The Asheville Light and Power Company, made its promissory note in…
Read the full summary
Civil action, heard at August Term, 1892, of Buncombe Superior Court before Bynum, J. The plaintiffs filed their complaint on August 17, 1892, verified as appears in the record : 1. That the defendant, The Asheville Light and Power Company, is a corporation duly chartered and existing under , .and by virtue of the laws of the State of North Carolina. 2. That upon the 15th day of December, 1891, the defendant, The Asheville Light and Power Company, made its promissory note in writing dated on that day, and thereby promised to pay to the order of the plaintiffs the sum of $271.50 ■■two months…
1Opinion of the Court
Clark, J.:
Whenever the party is a non-resident of the county, the pleading may be verified by an agent or attorney in two cases, first, when the action is upon a written instrument for the payment of money only, and the instrument is in possession of the agent or attorney; second, when all the material allegations of the pleadings are within the personal knowledge of the agent or attorney. The Code, § 258; Hammerslaugh v. Farrior, 95 N. C., 135.
The affidavit here could be made by the attorney, since the party he represented was a non-resident, and the action was upon a written instrument for…
2Cases cited13 opinions
- Gilchrist v. . KitchenSupreme Court of North Carolina · 1882
- Alford v. . McCormacSupreme Court of North Carolina · 1884
- Ryan v. . MartinSupreme Court of North Carolina · 1884
- Banks v. Gay Manufacturing Co.Supreme Court of North Carolina · 1891
- Stanly v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Corporation Commission v. RailroadSupreme Court of North Carolina · 1904
- Rich v. NORFOLK SOUTHERN RAILWAY COMPANYSupreme Court of North Carolina · 1956
- Kruger v. Bank of CommerceSupreme Court of North Carolina · 1898
- Miller v. . CurlSupreme Court of North Carolina · 1913
- R. R. Connection CaseSupreme Court of North Carolina · 1904
10 more not listed; retrieve them via the Exa API.