Conant v. . Barnard
Supreme Court of North Carolina
Civil ACTION, tried before Boykin, J., at August Term, 1888, of Buncombe Superior Court. The plaintiffs in this action were J. A. Conant and his wife Genevieve R. Conant; the defendants were T. I. Van Gilder and his wife, W. W. Barnard, trustee under two deeds of trust made to him by said Van Gilder and his wife, and the cestui que trust named in said deeds of trust to Barnard.
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Civil ACTION, tried before Boykin, J., at August Term, 1888, of Buncombe Superior Court. The plaintiffs in this action were J. A. Conant and his wife Genevieve R. Conant; the defendants were T. I. Van Gilder and his wife, W. W. Barnard, trustee under two deeds of trust made to him by said Van Gilder and his wife, and the cestui que trust named in said deeds of trust to Barnard. The complaint alleged, in substance, that the defendant T. I. Van Gilder had agreed to borrow of the plaintiff Genevieve R. Conant fifteen thousand dollars, and to secure the same by a conveyance of certain real estate…
1Opinion of the CourtAvery, J.
The complaint states facts sufficient to constitute a cause of action as to T. I. Van Gilder. Counsel for all parties represented in this Court concede that this is true. When the defendants united in a demurrer, on the ground that the complaint did not state facts sufficient to constitute a cause of action, they all placed themselves in the same boat, and must sink or swim together. The current of authority is in favor of this just and salutary rule of plead ing, where the new system has been adopted. “ A demurrer by two or more, if there is a cause of action against one of them, will be…
2Cases cited7 opinions
- Jones v. . MialSupreme Court of North Carolina · 1880
- Peabody v. Washington County Mutual-InsuranceNew York Supreme Court · 1855
- People v. Mayor of New YorkNew York Supreme Court · 1858
- Ransom v. . McCleesSupreme Court of North Carolina · 1870
- Coward v. . MeyersSupreme Court of North Carolina · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Duke v. CampbellSupreme Court of North Carolina · 1951
- Caho v. Norfolk & Southern Railway Co.Supreme Court of North Carolina · 1908
- Loughran v. . GilesSupreme Court of North Carolina · 1892
- Williams v. HunterSupreme Court of North Carolina · 1962
3 more not listed; retrieve them via the Exa API.