Randolph v. Schuyler
Randolph v. Schuyler
Opinion of the Court
Defendant takes the position that the instrument dated 22 April 1960, which assigned to plaintiff one-third of the proceeds of the insurance policy on the life of her husband in consideration of the services plaintiff had rendered as their attorney, should be excluded from evidence because it was not within the issues raised by the pleadings. We cannot agree.
Under the notice theory of pleading as set out in Rule 8 (a), Rules of Civil Procedure, a statement of claim is adequate if it gives sufficient notice of the claim “ ‘to enable the adverse party to answer and prepare for trial, to allow for the application of the doctrine of res judicata, and to show the type of case brought. . . .’ ” Sutton v. Duke, 277 N.C. 94, 102, 176 S.E. 2d 161, 165.
In our view the complaint comes within these guidelines and the issues raised are sufficient to permit the introduction of evidence concerning the 22 April 1960 assignment.
Defendant also assigns as error the entry of summary judgment awarding recovery to the plaintiff.
Rule 56 (c) of the Rules of Civil Procedure provides a standard for summary judgment:
“The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.”
In McNair v. Boyette, 282 N.C. 230, 234-35, 192 S.E. 2d 457, 460, this purpose for summary judgment is set out:
“The purpose of summary judgment can be summarized as being a device to bring litigation to an early decision on the merits without the delay and expense of a trial where it can be readily demonstrated that no material facts are in issue. Two types of cases are involved: (a) Those where a claim or defense is utterly baseless in fact, and (b) those where only a question of law on the indisputable facts is in controversy and it can be appropriately decided without full exposure of trial.”
In this case the defendant admits the execution of the 11 September 1959 contingent fee contract and the execution of the
We hold that summary judgment was properly granted, and judgment is affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.