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 CourtClark, C. J.
The defendants demurred for misjoinder of causes of action and for misjoinder of parties and appealed from a judgment overruling a demurrer.
IJpon 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. Eisher, an Englishman who had not been long in this country; that Eisher was not a practical man and was of a convivial turn; that Wharton conceived the design of…
2Cases 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
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