Barnes v. Peoples Bank & Trust Co.

The plaintiff’s motion for judgment on the pleadings was in the nature of a demurrer to the answer, admitting the truth of the allegations therein, but denying their legal sufficiency to constitute a defense. For this reason the answer should be liberally construed and every intendment should be taken against the plaintiff; or, conversely, to warrant the judgment the allegations which are essential as a basis for it should be admitted. Pridgen v. Pridgen, 190 N. C., 102; Churchwell v. Trust Co., 181 N. C., 21; Alston v. Hill, 165 N. C., 255.

On 11 April, 1925, the defendant received from the…