Citizens National Bank v. Angelo Bros.

Stacy, C. J.,

after stating the case: The cross-actions of Angelo Brothers as against the receiver, on the one hand, and the officers and directors of the Merchants Bank and Trust Company, on the other, are separate and distinct; they are founded on different causes of alleged liability — the one sounding in contract, the other in tort; they are set up against different parties; and they are incorporated in the same complaint. Under all the decisions, such a pleading is subject to demurrer. Harrison v. Transit Co., 192 N. C., 545; Rogers v. Rogers, 192 N. C., 50; Lee v. Thornton, 171 N. C.,…