Porter v. . Grimsley
Supreme Court of North Carolina
Civil ACTION, tried before, MacRae, Judge, at Spring Term, 1887, of Ashe Superior Court. The complaint alleged: “ 1st. That in April, 1885, the defendant, as agent of the plaintiff, received of the Valley Mutual Life Insurance Company, for the plaintiff, the sum of five hundred dollars, and paid over to the plaintiff the sum of two hundred dollars. “ 2d.
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Civil ACTION, tried before, MacRae, Judge, at Spring Term, 1887, of Ashe Superior Court. The complaint alleged: “ 1st. That in April, 1885, the defendant, as agent of the plaintiff, received of the Valley Mutual Life Insurance Company, for the plaintiff, the sum of five hundred dollars, and paid over to the plaintiff the sum of two hundred dollars. “ 2d. That the defendant neglects -and refuses to pay over the balance of said money to the plaintiff, though often requested so to do.” The judgment demanded was “for the sum of three hundred dollars, with interest thereon from April, 1885, first…
1Opinion of the Court
Davis, J.,
(after stating the case). The defendant may demur:
1. When the Court has no jurisdiction of the person of the defendant, or of the subject of the action; or,
2. That the plaintiff has not legal capacity to sue; or,
3. That there is another action pending between the same parties for the same cause; or,
4. That there is a defect of parties, plaintiff or defendant; or,
5. That several causes of action have been improperly joined; or,
6. That the complaint does not state facts sufficient to constitute a cause of action.
No one of these grounds of demurrer can be found in the complaint, and…
2Cases cited1 opinion
- Neal v. . FreemanSupreme Court of North Carolina · 1881
3Cited by3 opinions
- Bond v. Pickett Cotton Mills, Inc.Supreme Court of North Carolina · 1914
- Brookshire v. North Carolina Department of TransportationCourt of Appeals of North Carolina · 2006
- Morgan v. Harris.Supreme Court of North Carolina · 1906