Campbell v. . Patton
Supreme Court of North Carolina
Action tried at August Term, 1893, of Buncombe Superior Court, before Armfield, J. The allegations of the complaint are as follows: “ 1. That on the 10th day of July, 1890, the defendants P. E. Patton and Natt Atkinson executed their three promissory notes in writing for the sum of $2,500 each, payable respectively one, two and three years, with interest from date at the rate of 8 per centum per annum, payable semi-annually, to the defendant C. E. Graham, and made payable to…
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Action tried at August Term, 1893, of Buncombe Superior Court, before Armfield, J. The allegations of the complaint are as follows: “ 1. That on the 10th day of July, 1890, the defendants P. E. Patton and Natt Atkinson executed their three promissory notes in writing for the sum of $2,500 each, payable respectively one, two and three years, with interest from date at the rate of 8 per centum per annum, payable semi-annually, to the defendant C. E. Graham, and made payable to his order. “2. That before the commencement of this action the defendant C. E. Graham endorsed' said notes for full…
1Opinion of the Court
Bukyvell, J.:
The answer of defendant Patton avers that he was induced to sign the negotiable promissory notes sued on in this action by a fraudulent conspiracy between the payee, C. E. Graham, and his co-defendant, Natt Atkinson. The allegations of fraud are not as definite and particular as the rules of pleading would probably require them to be made, but the answer certainly contains enough to relieve it from the charge of being frivolous. It seems intended to raise a serious question, and when that appears the Courts will not readily decide such an answer to be frivolous. Erwin v. Lowery,…
2Cases cited5 opinions
- Commercial Bank v. BurgwynSupreme Court of North Carolina · 1892
- Erwin v. . LowerySupreme Court of North Carolina · 1870
- Cover v. MyersCourt of Appeals of Maryland · 1892
- Commercial Bank v. BurgwynSupreme Court of North Carolina · 1891
- Womble v. . FrapsSupreme Court of North Carolina · 1877
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