Greer v. . Herren
Supreme Court of North Carolina
Pleading— Trial. This is a civil ACTION, which was tried before Montgomery, J, at Pall Term, 1887, of Haywood Superior Court.
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Pleading— Trial. This is a civil ACTION, which was tried before Montgomery, J, at Pall Term, 1887, of Haywood Superior Court. The complaint alleges, in substance, that on the 24th day •of September, 1874, the plaintiffs became sureties of the defendant, to his single bond executed to Hewlit Sullivan, for 4he sum of $1,500, due six months from date, with interest from date at a stipulated rate; that afterwards, they were, as such sureties, compelled to pay this debt and interest; that afterwards, the defendant was duly adjudged a bankrupt,, and received a discharge in bankruptcy; that after…
1Opinion of the Court
Merrimon, J.,
(after stating the case). It must be taken that there was evidence given on the trial to prove that the promise to pay the debt, as alleged, was made within three years next before the action began. A material part of the plaintiffs’ alleged cause of action was, that the promise was .'so made. The case settled on appeal states, that they produced “ evidence tending to prove the truth of their allegations ” — this statement is general, and, fairly interpreted, applies to all the material allegations. Moreover, so far as appears, no objection was made that there was no such…
2Cases cited1 opinion
- McLaurin v. . CronlySupreme Court of North Carolina · 1884
3Cited by2 opinions
- Smith v. Eastern Building & Loan Ass'nSupreme Court of North Carolina · 1895
- Bender v. . AskewSupreme Court of North Carolina · 1831