Fisher v. . Trust Co.
Supreme Court of North Carolina
ActioN by Isabella Eisber, administratrix of B. J. Eisber, and others, beirs at law of B. J. Eisber, against Southern Loan and Trust Company and others, beard by Judge T: J. Shaw at the Eebruary Term, 1905, of the Superior Court of Guilford County. Erom a judgment overruling the demurrer, the defendants appealed.
1Opinion of the Court
CONNOR and WALKER, JJ., dissenting.
2Concurring in part, dissenting in partWalker, J.
The defendant demurred for misjoinder of causes of action and for misjoinder of parties, and appealed from a judgment overruling a demurrer.
Upon examination of the complaint, it differs somewhat from the recitals in the demurrer, and the first question is, What are the matters set forth as the plaintiffs' cause of action? Parish v. Sloan, 38 N.C. 610. They are, in substance, that in 1888 the defendant E. P. Wharton met B. J. Fisher, an Englishman who had not been long in this country; that Fisher was not a practical man and was of a convivial turn; that…
3Cases cited13 opinions
- Boyd & Suydam v. Hoyt & ParselNew York Court of Chancery · 1835
- Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
- Solomon v. . BatesSupreme Court of North Carolina · 1896
- Benton v. . CollinsSupreme Court of North Carolina · 1896
- Hamlin v. . TuckerSupreme Court of North Carolina · 1875
8 more not listed; retrieve them via the Exa API.
4Cited by27 opinions
- Virginia-Carolina Chemical Co. v. FloydSupreme Court of North Carolina · 1912
- Branch Banking & Trust Co. v. PeirceSupreme Court of North Carolina · 1928
- Pressley v. Great Atlantic & Pacific Tea Co.Supreme Court of North Carolina · 1946
- Barkley v. McClung Realty Co.Supreme Court of North Carolina · 1937
- Sherrod v. . DawsonSupreme Court of North Carolina · 1911
22 more not listed; retrieve them via the Exa API.