Disosway v. Edwards.
Supreme Court of North Carolina
AotioN by Mark Disosway against A. M. Edwards, beard b¶ Judge Fred. Moore at November Term, 1903, of the Superior Court of C!ea.v:en County. This is an action upon a bond executed by the defendant in the following words: “Know all men by these presents that I, A. M. Edwards, of Craven County, N. G., acknowledge myself indebted to Mark Disosway in the sum of one thousand dollars.
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AotioN by Mark Disosway against A. M. Edwards, beard b¶ Judge Fred. Moore at November Term, 1903, of the Superior Court of C!ea.v:en County. This is an action upon a bond executed by the defendant in the following words: “Know all men by these presents that I, A. M. Edwards, of Craven County, N. G., acknowledge myself indebted to Mark Disosway in the sum of one thousand dollars. The condition of this bond is, such that if the ■said A. M. Edwards shall at any time, within the next twenty years from date hereof, engage in the sale of spirituous liquors, either directly or indirectly, within the…
1Opinion of the Court
Douglas., J.,
after stating the case. We think the demurrer was properly overruled on both grounds, but that there is error in the judgment in allowing the full amount of the bond in the absence of sufficient allegations in the complaint to enable the Court to hold as matter of law that the penalty of the bond is in the nature of stipulated or liquidated damages.
The plaintiff alleges that he is endamaged in the sum of one thousand dollars, and while this is not such a specific allegation of fact as is deemed admitted by demurrer, yet it is sufficient to entitle him to an inquiry as to his…
2Cases cited10 opinions
- Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822
- Kramer v. . OldSupreme Court of North Carolina · 1896
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- Hauser v. . HardingSupreme Court of North Carolina · 1900
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