Thompson v. . Dillingham
Supreme Court of North Carolina
Appeal by defendant surety from Bond, J., at October Term, 1921, of BUNCOMBE. Civil action, beard on appeal from judgment of clerk. Tbe action is instituted by plaintiff, returnable to July Term, 1921, against Scott Dillingham as an individual and Scott Dillingbam, Incorporated, to recover tbe sum of $2,000 due upon tbe purchase price of an automobile sold to defendants, and which sum defendants expressly promised to pay plaintiff.
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Appeal by defendant surety from Bond, J., at October Term, 1921, of BUNCOMBE. Civil action, beard on appeal from judgment of clerk. Tbe action is instituted by plaintiff, returnable to July Term, 1921, against Scott Dillingham as an individual and Scott Dillingbam, Incorporated, to recover tbe sum of $2,000 due upon tbe purchase price of an automobile sold to defendants, and which sum defendants expressly promised to pay plaintiff. There was an attachment issued in the cause, which was duly levied on property of defendants, and defendants gave bond in the cause with J. L. Page as surety, to…
1Opinion of the CourtHoke, J.
It is objected to tbe -validity of tbis judgment in denial of appellant’s motion: tbat tbe complaint does not set out a cause of action in wbicb judgment by default final can be entered, but tbe objection is without merit. Tbe complaint being on a moneyed demand for a sum certain, with an express promise to pay tbe same, and so coming witbin tbe direct provisions of tbe statute on tbe subject. Bostwick v. R. R., 179 N. C., 485; C. S., 595. Nor can tbe exception be sustained tbat tbe act authorizing judgment by default final before tbe clerk is . unconstitutional, C. S., 593, in tbat it…
2Cases cited9 opinions
- Rhyne v. . LipscombeSupreme Court of North Carolina · 1898
- White v. . ConnellySupreme Court of North Carolina · 1890
- Brittain v. . MullSupreme Court of North Carolina · 1884
- Pico v. WebsterCalifornia Supreme Court · 1859
- Fidelity & Deposit Co. v. BowenSupreme Court of Iowa · 1904
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3Cited by9 opinions
- National Surety Corp. v. SharpeSupreme Court of North Carolina · 1952
- Cody v. . HoveySupreme Court of North Carolina · 1941
- Grant v. CoxCourt of Appeals of North Carolina · 1992
- Bizzell v. . MitchellSupreme Court of North Carolina · 1928
- McGuire v. SammondsSupreme Court of North Carolina · 1957
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