Fagg v. Southern Building & Loan Ass'n
Supreme Court of North Carolina
• Civil actiox, tried at August Term, 1893, of Fobsyth Superior Court, before Winston, J. The plaintiff alleged— 1. That defendant is a corporation, duly organized and doing business in North Carolina. 2. That on or about the __ day of_, 1891, the plaintiff being in need of money applied to the local agent of the defendant for a loan of five thousand dollars; that the said agent promised and agreed with the plaintiff verbally, and by printed representations furnished to the…
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• Civil actiox, tried at August Term, 1893, of Fobsyth Superior Court, before Winston, J. The plaintiff alleged— 1. That defendant is a corporation, duly organized and doing business in North Carolina. 2. That on or about the __ day of_, 1891, the plaintiff being in need of money applied to the local agent of the defendant for a loan of five thousand dollars; that the said agent promised and agreed with the plaintiff verbally, and by printed representations furnished to the plaintiff by the company, that if the plaintiff would subscribe for fifty shares of stock in the defendant corporation…
1Opinion of the Court
MacRae, J.:
The first exception is in the nature of a demurrer ore tenus, on the ground that the complaint does not state facts sufficient to constitute a cause of action, and this objection may be taken for the first time in this Court. Jackson v. Jackson, 105 N. C., 433.
In examining this question, we can only look at. the complaint itself, from which it appears that the plaintiff seeks to recover back money alleged to have been paid by him to the defendant upon an alleged contract made by plaintiff with the local agent of the defendant to the effect that upon the subscribing by plaintiff for…
2Cases cited5 opinions
- Jackson v. . JacksonSupreme Court of North Carolina · 1890
- Adams v. . ReevesSupreme Court of North Carolina · 1873
- Follette v. . Accident AssociationSupreme Court of North Carolina · 1892
- Durden v. . SimmonsSupreme Court of North Carolina · 1881
- Tayloe v. Old Dominion Steamship Co.Supreme Court of North Carolina · 1883
3Cited by3 opinions
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
- State v. . HarrisSupreme Court of North Carolina · 1897
- Lee v. . PenlandSupreme Court of North Carolina · 1931