Atlantic Life Insurance v. Dey
Cases that cite this one
4 later published cases cite this decision.
- Sossamon v. Oaklawn Cemetery, Inc. (N.C. 1937)
- Citizens Bank of Marshall v. Gahagan (N.C. 1936)
- Leach v. . Page (N.C. 1937)
- Fairbanks, Morse & Company, Inc. v. J. A. Murdock Co. (N.C. 1934)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Viewing the allegations of the complaint with the liberality which the law requires on demurrer, it would seem that the allegation of deficiency in payment with interest from date of foreclosure is sufficient to charge the maturity of the unpaid balance, and, if not otherwise alleged, the foreclosure was tantamount to demand for payment. Worth v. Stewart, 122 N. C., 258, 29 S. E., 579; 21 R. C. L., 119; 1 Abbott’s Forms of Pleading (3d), 338.
It is true, the complaint is little more than a skeleton (Thompson v. Johnson, 202 N. C., 817, 164 S. E., 357) — wholly devoid of redundancy — but considering it in its entirety, it would seem to be sufficient as against a demurrer. Meyer v. Fenner, 196 N. C., 476, 146 S. E., 82; Blackmore v. Winders, 144 N. C., 212, 56 S. E., 874.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.