Merchants Nat. Bank v. Hodges
Merchants Nat. Bank v. Hodges
Opinion of the Court
The opinion of the Court was delivered by
Defendant appeals from an order striking out his answer as sham and frivolous. Formal and immaterial allegations omitted, plaintiff alleged that, on February 10, 1914, defendant executed his promissory note to Marlboro Loan & Exchange, whereby he promised, for value received, to pay said payee or order, $2,000, on October 15, 1914, with interest after maturity at 8 per cent, per annum, and 10 per cent, attorney’s fees, in case of collection by attorney; that thereafter the payee and J. J. Matheson indorsed said note and transferred it to plaintiff for value; that payment thereof was demanded of defendant at maturity, but no part thereof has been paid, except $200, paid on October 1, 1915.
The allegations of the answer upon which defendant relies, as being sufficient to raise issues, are these:
That “defendant denies each and every allegation of the complaint, except as the same may be hereinafter admitted or qualified. * *. * Further answering the complaint, the defendant admits that on or about the date mentioned in the complaint he gave his note for the sum mentioned to the Marlboro Loan & Exchange of Bennettsville, S. C., but he alleges that said note was not transferred to any one on the date of its maturity, October 15, 1914, and that if the same is now in the hands of the plaintiff herein, that it was transferred subsequent to the maturity of said note, and only here recently; that, therefore, the plaintiff took the same subject to the equities existing between this defendant and the original payee of the said note. The defendant denies that he is indebted, as alleged in the complaint, upon the said note.”'
If there is any merit whatever in defendant’s appeal, it must be worked out upon a technical consideration of the
Judgment affirmed.
Reference
- Full Case Name
- MERCHANTS NAT. BANK OF RALEIGH v. HODGES
- Status
- Published
- Syllabus
- 'Pleading — Amendment — Condition — PuoritiET'sr. — In an action on a-note, where defendant’s answer stated no defense, it was proper for the Court to require defendant’s counsel to certify that in his opinion defendant had a meritorious defense as a condition to permitting counsel to amend the answer.