Gillam v. Life Insurance Co.
Supreme Court of North Carolina
Civil actioN begun on the 2M day of March, 1895, and heard, on exceptions to report of referee, at Fall Term, 1897, of Burke Superior Court before Greene, J. The action was to recover the sum of $132.37, the excess of interest alleged b)! plaintiff to have been paid to defendant under mistake and in ignorance of his rights.
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Civil actioN begun on the 2M day of March, 1895, and heard, on exceptions to report of referee, at Fall Term, 1897, of Burke Superior Court before Greene, J. The action was to recover the sum of $132.37, the excess of interest alleged b)! plaintiff to have been paid to defendant under mistake and in ignorance of his rights. The complaint was, in substance, that the plaintiff in 1891 became a stockholder in defendant company and on August 1st, 1891, borrowed of the defendant $800.00, for which he ga e his bond; that on the 13th day of November, 1894, he paid and discharged said bond by…
1Opinion of the Court
Clark, J.:
It is true that under The Code the demand for relief is immaterial and the Court will give any judgment justified by the pleadings and proof. Knight v. Houghtailing, 85 N. C., 17; Stokes v. Taylor, 104 N. C., 394; Hood v. Sudderth, 111 N. C., 215; Sams v. Price, 119 N. C., 572, Adams v. Hayes, 120 N. C., 383. But upon inspection of the complaint this action is brought to recover an overpayment of $132.27 of interest, alleged to have been made by mistake and ignorance. The Referee correctly held that there was no original jurisdiction of such action in the Superior Court. Holden v.…
2Cases cited13 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Henderson v. . GrahamSupreme Court of North Carolina · 1881
- State Ex Rel. Clendenin v. TurnerSupreme Court of North Carolina · 1887
- Hood v. . SudderthSupreme Court of North Carolina · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Voorhees v. Porter.Supreme Court of North Carolina · 1904
- Bolick v. RailroadSupreme Court of North Carolina · 1905
- Bryan v. . CanadySupreme Court of North Carolina · 1915
- State Ex Rel. Goodwin v. Caraleigh Phosphate & Fertilizer WorksSupreme Court of North Carolina · 1898
- Bradburn v. . RobertsSupreme Court of North Carolina · 1908
9 more not listed; retrieve them via the Exa API.