Legal Opinion
Hoggard v. . Brown
Supreme Court of North Carolina
Decided November 10, 1926PublishedCited by 8 opinions
1Opinion of the CourtBreogden, J.
Was there sufficient allegation of fraud and any evidence thereof, warranting the submission of the second issue to the jury?
It is established law in this State that, in pleading fraud, the facts constituting fraud, must be clearly alleged in order that all the necessary elements may affirmatively appear. Nash v. Hospital Co., 180 N. C., 59; Lanier v. Lumber Co., 177 N. C., 200; Colt v. Kimball, 190 N. C., 169.
The only facts alleged as constituting fraud are as follows: “That the plaintiff is not an educated woman and is only capable of writing her name, and if any such statement was made…
2Cases cited6 opinions
- State v. . PrinceSupreme Court of North Carolina · 1921
- Brown v. . KinseySupreme Court of North Carolina · 1879
- Lanier v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1919
- State Ex Rel. Swann v. MartinSupreme Court of North Carolina · 1926
- Nash v. Elizabeth City Hospital Co.Supreme Court of North Carolina · 1920
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cromwell v. . Logan and Logan v. . Mercantile Co.Supreme Court of North Carolina · 1929
- Weaver v. . HamptonSupreme Court of North Carolina · 1931
- Forbes v. Drexel Knitting Mill Co.Supreme Court of North Carolina · 1928
- Leslie L. Jones v. The Chesapeake and Ohio Railway Company, Leslie L. Jones v. The Chesapeake and Ohio Railway CompanyCourt of Appeals for the Fourth Circuit · 1966
- King v. . R. R.Supreme Court of North Carolina · 1931
3 more not listed; retrieve them via the Exa API.