Carroll v. . Brown

The only question involved on this ‘appeal is: Was the plaintiff entitled to judgment on the pleadings ?

Tbe allegation of tbe plaintiff to tbe effect that tbe note upon which be bottoms bis action, draws interest from date until paid at the rate of six per cent per annum, is denied by tbe defendants in their answer. Tbe note is not set out in tbe complaint, hence we think the pleadings raise a question of fact for tbe jury. Bessire & Co. v. Ward, 206 N. C., 858, 175 S. E., 208; Wilson v. Allsbrook, 203 N. C., 498, 166 S. E., 313.

Moreover, the defendants allege it was understood at tbe time…