Smith v. . McGregor
Supreme Court of North Carolina
Civil action, tried before MacRae, Judge, and a jury, at Fall Term, 1885, of Anson Superior Court. The plaintiffs brought this action to recover the money due upon the single bond of the defendant, executed by him to Thomas J. Smith, for $2,301.25, dated April 26th, 1875, to be due one day from the date thereof, and which the latter endorsed to the plaintiffs for value after its maturity.
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Civil action, tried before MacRae, Judge, and a jury, at Fall Term, 1885, of Anson Superior Court. The plaintiffs brought this action to recover the money due upon the single bond of the defendant, executed by him to Thomas J. Smith, for $2,301.25, dated April 26th, 1875, to be due one day from the date thereof, and which the latter endorsed to the plaintiffs for value after its maturity. In his answer to the complaint, the defendant alleged in general terms, that the said Thomas J. Smith was, at the time he so endorsed the said bond and before that time, justly indebted to him in sundry sums…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). The counter-claim is very imperfectly alleged. Indeed, it could not be upheld as a pleading at all, unaided by the bill of particulars appended to the answer. It is stated only in the most general and indefinite terms, that the endorser of the single bond sued upon, is indebted to the defendant, and was, at and before the time of such endorsement, in a sum of money greater than that demanded by the complaint; but what the nature and consideration of such indebtedness was — when, how, and in what amount it arose — is not stated. And treating the bill of…
2Cited by7 opinions
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- American National Bank v. HillSupreme Court of North Carolina · 1915
- Perkins v. PerkinsSupreme Court of North Carolina · 1958
- American National Bank v. NorthcuttSupreme Court of North Carolina · 1915
- Sanders v. HamiltonSupreme Court of North Carolina · 1951
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