H. & E. Hartman & Co. v. Farrior
Supreme Court of North Carolina
Civil ACTION, tried before Clark, Judge, at September Term, 1886, of DupliN Superior Court. His Honor gave a judgment by default final upon the following facts: The complaint was verified, and the following is a copy of the material parts thereof, necessary to be set forth here: “11. That on or about the 21st day of September, 1885, they sold to the defendant, I). L. Farrior, a large lot of goods, wares and merchandise, and that the same was duly received by him. “ III.
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Civil ACTION, tried before Clark, Judge, at September Term, 1886, of DupliN Superior Court. His Honor gave a judgment by default final upon the following facts: The complaint was verified, and the following is a copy of the material parts thereof, necessary to be set forth here: “11. That on or about the 21st day of September, 1885, they sold to the defendant, I). L. Farrior, a large lot of goods, wares and merchandise, and that the same was duly received by him. “ III. That the defendant Farrior promised to pay the plaintiffs three hundred and seventy-three and 50-100 dollars for the said…
1Opinion of the CourtMerrimoN, J.
(after stating the facts). It is obvious that the complaint alleges a cause of action, and the breach of an express promise to pay absolutely a definite sum of money, particularly specified, for a valuable consideration. The complaint is verified; it appears that the defendant was served personally with the summons, and that no answer or other pleading was filed. The plaintiff was therefore entitled to have judgment by default final, for the sum of money specified, and for costs. The statuie, (The Code, §385,) expressly provides, that in such case the plaintiff may thus have judgment at the…
2Cases cited1 opinion
- Witt v. . LongSupreme Court of North Carolina · 1885
3Cited by9 opinions
- Skinner v. . TerrySupreme Court of North Carolina · 1890
- Williams v. Crosby Lumber Co.Supreme Court of North Carolina · 1896
- Supply Co. v. . Plumbing Co.Supreme Court of North Carolina · 1928
- Roberts & Hoge v. PawleySupreme Court of South Carolina · 1897
- Hyatt & Co. v. ClarkSupreme Court of North Carolina · 1915
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