Rountree v. . Brinson
Supreme Court of North Carolina
Civil actioN, tried before Philips, Judge, at August Term, 1887, of Lenoir Superior Court. The action, commenced on December 15th, 1885, by the plaintiff, assignee of Robert H. Rountree, is to recover the amount due on the single bond of the defendant, as set out in the original complaint, and which became due on December 22d, 1875, subject to certain specified credits.
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Civil actioN, tried before Philips, Judge, at August Term, 1887, of Lenoir Superior Court. The action, commenced on December 15th, 1885, by the plaintiff, assignee of Robert H. Rountree, is to recover the amount due on the single bond of the defendant, as set out in the original complaint, and which became due on December 22d, 1875, subject to certain specified credits. The defendant answered, admitting the making of the bond, the partial payment mentioned, adding others, to which he claims to be entitled as set-offs, denying the alleged transfer to the plaintiffs, and setting up as a defence…
1Opinion of the Court
Smith, C. J.,
(after stating the case.) 1. The defence to an action upon a contract based upon a usurious consideration, must be made by setting out the facts, showing its infectious presence so that it may be seen by the Court. Brye v. Cooper, 2 Murph., 286.
If not so before, this is plainly required under The Code, which declares that the answer must contain “a statement of any new matter constituting a defence or counter claim.” § 243, par. 2.
There is no reason why the facts should not be stated with the same particularity in matters of defence as in stating the facts in the complaint out of…
2Cases cited7 opinions
- The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
- Burnhisel v. FirmanSupreme Court of the United States · 1875
- Boyden v. . AchenbachSupreme Court of North Carolina · 1878
- Patterson v. . BirdsallNew York Court of Appeals · 1876
- Moore v. . HobbsSupreme Court of North Carolina · 1878
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3Cited by19 opinions
- Hunt v. EureSupreme Court of North Carolina · 1925
- Hunt v. . EureSupreme Court of North Carolina · 1925
- Ward v. . SuggSupreme Court of North Carolina · 1893
- Lassiter v. . RoperSupreme Court of North Carolina · 1894
- Churchill v. . TurnageSupreme Court of North Carolina · 1898
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