Union Trust Co. v. Wilson
Supreme Court of North Carolina
Appeal by defendant from Goimor, J., at tbe June Term, 1921. of Waee. Tbis action was brought to recover tbe amount of two negotiable promissory notes executed by tbe defendant, eacb of them in tbe sum of $5,0()0 (dated 30 March, 1920), and payable to tbe order of tbe maker twelve months after their date, and endorsed by tbe defendant, tbe maker thereof, in blank and before maturity, and delivered to tbe Har-nett County Trust Company.
Read the full summary
Appeal by defendant from Goimor, J., at tbe June Term, 1921. of Waee. Tbis action was brought to recover tbe amount of two negotiable promissory notes executed by tbe defendant, eacb of them in tbe sum of $5,0()0 (dated 30 March, 1920), and payable to tbe order of tbe maker twelve months after their date, and endorsed by tbe defendant, tbe maker thereof, in blank and before maturity, and delivered to tbe Har-nett County Trust Company. It is alleged in tbe complaint “that thereafter, before maturity, for valuable consideration and without notice of any defect or infirmity in or respecting said…
1Opinion of the Court
Walker, J.,
after stating the case: It is an established principle, not now open to question, that a demurrer by a defendant admits as true every material fact alleged in the complaint, which is properly pleaded, Crane Co. v. L. & T. Co., 177 N. C., 346; Merrimon v. Paving Co., 142 N. C., 539, and this is equally true of a demurrer to an answer, or other pleading. The demurrer, in this instance, calls to its aid facts stated therein which do not appear on the face of the complaint, and is generally denominated a “speaking demurrer.” In Von Glahn v. DeRossett, 76 N. C., 292, 294, Chief Justice…
2Cases cited13 opinions
- Merrimon v. Paving Company.Supreme Court of North Carolina · 1906
- Besseliew v. . BrownSupreme Court of North Carolina · 1919
- Wood v. . KincaidSupreme Court of North Carolina · 1907
- Davison v. Gregory.Supreme Court of North Carolina · 1903
- Von Glahn v. . DerossettSupreme Court of North Carolina · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hayes v. City of WilmingtonSupreme Court of North Carolina · 1956
- Hall v. Coble Dairies, Inc.Supreme Court of North Carolina · 1951
- Sandlin v. City of WilmingtonSupreme Court of North Carolina · 1923
- State v. CaplanSupreme Court of Vermont · 1927
- State Ex Rel. North Carolina Corp. Commission v. Harnett County Trust Co.Supreme Court of North Carolina · 1926
6 more not listed; retrieve them via the Exa API.