Gibson v. Jones

Upon a demurrer, including a demurrer ore tenus, interposed at the outset of a hearing of a case, the pleadings are liberally construed so as to give the plaintiff the benefit of every reasonable intendment in his favor. G.S. 1-151. Sutton v. Duke, 7 N.C. App. 100, *537171 S.E. 2d 343 (1969). Seen in such light, the complaint and the note pleaded herein evidence a debt, a promise to pay, failure to pay, refusal to pay after demand therefor, and notations on the instrument which appear to show payments, by parties unknown, to “WCG” on a debt of $6,800. The recitations on the note deal with…