Johnston v. . Smith
Supreme Court of North Carolina
Civil Action heard upon a demurrer to the complaint at Fall Term, 1881, of Mecklenburg Superior Court, before Eure, J. The plaintiff complained— 1. That on the Bd day of March, 1879, the defendant made and delivered his promissory note, whereby he promised to pay to the plaintiff or order, four months after date thereof, the sum of twelve hundred and fifty dollars, payable at the Commercial National Bank of Charlotte, N. C., with interest at 8 per cent* per annum. 2. That at…
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Civil Action heard upon a demurrer to the complaint at Fall Term, 1881, of Mecklenburg Superior Court, before Eure, J. The plaintiff complained— 1. That on the Bd day of March, 1879, the defendant made and delivered his promissory note, whereby he promised to pay to the plaintiff or order, four months after date thereof, the sum of twelve hundred and fifty dollars, payable at the Commercial National Bank of Charlotte, N. C., with interest at 8 per cent* per annum. 2. That at the maturity of the note, the plaintiff presented it for payment at the office of said bank, when and where payment of…
1Opinion of the CourtAshe, J.
The exception taken by the defendant to the refusal of His Honor to specify in his judgment which of the causes of demurrer were sustained, is not tenable. We know of no law or rule of practice which required the court to do so, while we admit such a practice would be conven ient to the party demurring and the saving of labor to the appellate court.
The first and second causes of demurrer assigned, touching the want of consideration, involve the same point and will be treated together.
As the demurrer admits the facts stated in the complaint to be true, if the complaint had stated any facts…
2Cases cited3 opinions
- Barnum v. BarnumSupreme Court of Connecticut · 1831
- Cramer v. RiggsNew York Supreme Court · 1837
- Bank of Statesville v. Town of StatesvilleSupreme Court of North Carolina · 1881
3Cited by11 opinions
- Perfecting Service Co. v. Product Development & Sales Co.Supreme Court of North Carolina · 1964
- Gainesville & Gulf Railroad v. PeckSupreme Court of Florida · 1908
- Aldridge Motors, Inc. v. . AlexanderSupreme Court of North Carolina · 1940
- Mills v. BoninSupreme Court of North Carolina · 1954
- Williams v. Dixie Chevrolet Co.Supreme Court of North Carolina · 1935
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