Ransom v. . McClees
Supreme Court of North Carolina
Action for money, and Counterclaim by defendant, tried before Jones, J., at Fall Term 1869, of Tyrrell Court. The plaintiff, as assignee, held a note executed by the defendants. This action is upon such note. The defendants, W. and N. McClees, held a note on one William T. Dillin,. as endorser, which note, with interest, exceeded the amount of the note sued on. Dillin died intestate in 1865, and his widow, Mary Dillin, another defendant, is his administra-trix.
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Action for money, and Counterclaim by defendant, tried before Jones, J., at Fall Term 1869, of Tyrrell Court. The plaintiff, as assignee, held a note executed by the defendants. This action is upon such note. The defendants, W. and N. McClees, held a note on one William T. Dillin,. as endorser, which note, with interest, exceeded the amount of the note sued on. Dillin died intestate in 1865, and his widow, Mary Dillin, another defendant, is his administra-trix. After exhausting the personal estate, the adminis-tratrix obtained an order to sell the interest of her intestate in a tract of land.…
1Opinion of the CourtPearson, C. J.
(After stating the facts as above,) Relieving the case from the many useless allegations with which it is encumbered, and the intricacies of pleading, and “ obscurity and confusion” caused by argumentative pleading, and by an attempt to follow the “ new mode of procedure,” with which neither the Judges nor the members of the bar have as yet become familiar, and putting it solely on its merits, it amounts to what is stated above.
The question is, ought the note of the intestate to be allowed as an equitable set-off, or counterclaim, so as to satisfy the note sued on ? Under the ruling of his…
2Cited by18 opinions
- Duke v. CampbellSupreme Court of North Carolina · 1951
- Finch v. . BaskervilleSupreme Court of North Carolina · 1881
- Coward v. . MeyersSupreme Court of North Carolina · 1888
- State Ex Rel. Moseley v. JohnsonSupreme Court of North Carolina · 1907
- Pegram v. . ArmstrongSupreme Court of North Carolina · 1880
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