Legal Opinion

Brown v. American Messenger Services, Inc.

Court of Appeals of North Carolina

Decided April 7, 1998No. COA97-560PublishedCited by 3 opinions

1Opinion of the Court

WYNN, Judge.

In this case, we decide whether a letter, filed with the Clerk of Superior Court, which offered partial payment of a claim and promised future payment in full was sufficient to constitute an answer so that the trial court could consider and grant a Rule 12(c) Motion for Judgment on the Pleadings. Viewed in the totality of the circumstances, the letter substantively answered the complaint’s allegations and therefore we hold that the letter did constitute an answer.

Plaintiff Steven D. Brown filed suit against American Messenger Services, Inc. (“AMS”) and Herbert T. Ballard on 6…

2Cases cited10 opinions

  1. Smith v. City of CharlotteCourt of Appeals of North Carolina · 1986
  2. Roland v. W & L Motor Lines, Inc.Court of Appeals of North Carolina · 1977
  3. Johnson v. JohnsonCourt of Appeals of North Carolina · 1972
  4. Thorpe v. WilsonCourt of Appeals of North Carolina · 1982
  5. North Carolina State Bar v. WilsonCourt of Appeals of North Carolina · 1985

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3Cited by3 opinions

  1. Barnett v. KingCourt of Appeals of North Carolina · 1999
  2. Citadel Builders, L.L.C. v. Dirt Worx of Louisiana, L.L.C.Louisiana Court of Appeal · 2014
  3. Wachovia Bank, N.A. v. Superior Constr. Corp.North Carolina Business Court · 2010

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