Legal Opinion

Morgan v. . Roper

Supreme Court of North Carolina

Decided September 5, 1896Published

Civil action, tried before Greene, J., at April Term, 1896, of RiohmoND Superior Court, on a motion for judgment on tlie pleadings, the nature of which and the facts upon which they were based, are fully set out in the opinion of Associate Justice Clark. From a judgment for the plaintiff for $233.48, which the Court held to be admitted by the answer, the defendant appealed.

1Opinion of the Court

ClarK, J.:

The plaintiff sues upon an itemized account (made a part of the complaint) for goods sold and delivered to the defendant, aggregating $630.90, admitting credits amounting to $295.43, and asking judgment for the balance of $345.47, which it is averred the defendant promised to pay. The defendant, answering, denies promising to pay the alleged balance. He admits the purchase and receipt of the items in plaintiff’s account, to the amount of $259.48, specifying which they are; and as to the other items of plaintiff’s account, he avers that he “ has no knowledge or information sufficient…

2Cases cited2 opinions

  1. Lay Gas MacHine Co. v. Falls of Neuse Manufacturing Co.Supreme Court of North Carolina · 1884
  2. Farmers & Merchants Bank of Baltimore v. Board of Aldermen of City of CharlotteSupreme Court of North Carolina · 1876

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