Buffkins v. . Eason
Supreme Court of North Carolina
Civil ACTION, tried at Fall Term, 1893, of PasquotaNK Superior Court, Broten, J., presiding. The complaint alleges that the plaintiff is the owner and entitled to have possession of a quantify of corn specified therein, and that the defendant wrongfully detains the same, etc. The answer denies all the material allegations of the complaint.
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Civil ACTION, tried at Fall Term, 1893, of PasquotaNK Superior Court, Broten, J., presiding. The complaint alleges that the plaintiff is the owner and entitled to have possession of a quantify of corn specified therein, and that the defendant wrongfully detains the same, etc. The answer denies all the material allegations of the complaint. It also alleges, as matter of defence, that the plaintiff and defendant are partners in trade, and that the corn in controversy belongs to them’ as such partners. No cause of action or counter-claim in that respect is otherwise alleged. The plaintiff did…
1Opinion of the Court
Merrimon, C. J.:
The answer does not purport to allege a counter-claim, nor does it allege facts informally sufficient to constitute one. It simply alleges that the plaintiff and defendant were partners in trade and as such owners of the corn, the subject of controversy, as matter of defence. Such allegation “ is to be deemed controverted by the adverse party as upon a direct denial-or avoidance,” unless the Court shall require a reply to such new matter. The statute (The Code, §§ 248 and 268) so provides. Price v. Eccles, 73 N. C., 162; Fitzgerald v. Shelton, 95 N. C., 519; Stanton v. Hughes,…
2Cases cited3 opinions
- Fitzgerald v. . SheltonSupreme Court of North Carolina · 1886
- Price v. . EcclesSupreme Court of North Carolina · 1875
- Stanton v. . HughesSupreme Court of North Carolina · 1887
3Cited by3 opinions
- Walter A. Wood Co. v. EubanksCourt of Appeals for the Fourth Circuit · 1909
- Buffkins v. . EasonSupreme Court of North Carolina · 1893
- J. F. White Co. v. CarrollSupreme Court of North Carolina · 1907