Cowan, McClung & Co. v. Baird
Supreme Court of North Carolina
Civil Actior tried at Spring Term, 1877, of Buucombe' Superior Court, before 'Furches, J. This was an action on a note executed to the plaintiffs by the defendants. The plaintiffs moved for judgment on the-ground that neither the answer of Baird nor the demurrer of the other defendants raised any issue of law or fact material to the case. The Court overruled the motion and held that said answer and demurrer did raise an issue of fact' and law, and were not frivolous.
Read the full summary
Civil Actior tried at Spring Term, 1877, of Buucombe' Superior Court, before 'Furches, J. This was an action on a note executed to the plaintiffs by the defendants. The plaintiffs moved for judgment on the-ground that neither the answer of Baird nor the demurrer of the other defendants raised any issue of law or fact material to the case. The Court overruled the motion and held that said answer and demurrer did raise an issue of fact' and law, and were not frivolous. From which ruling the plaintiffs appealed.
1Opinion of the CourtEaieCLOth, J.
The complaint alleges that defendants-made their promissory note payable to plaintiffs, and that no part thereof has been paid. The defendants admit these allegations.
All the defendants, except Baird, demur to the complaint on the ground that it does not state affirmatively that the plaintiffs constitute a firm, nor who compose the firm of Cowan, McClung & Co. On reading the complaint it i& plain that the demurrer is frivolous, and the plaintiffs were •entitled to judgment against these defendants.
The defendant, Baird, filed an answer and for his defence ■says : That he signed the note in the…
2Cited by6 opinions
- Mitchell v. Altus State BankSupreme Court of Oklahoma · 1912
- Heath, Morrow & Co. v. MorganSupreme Court of North Carolina · 1895
- Citizens National Bank of Durham v. BurchSupreme Court of North Carolina · 1907
- Bank of Benson v. JonesSupreme Court of North Carolina · 1908
- Bank v. . BurchSupreme Court of North Carolina · 1907
1 more not listed; retrieve them via the Exa API.