Curran v. Kerchner

• Decision Date: 11 November 1895
• Citation: 117 N.C. 264,23 S.E. 177
• Court: North Carolina Supreme Court
• Parties: CURRAN v. KERCHNER.

23 S.E. 177

117 N.C. 264

CURRAN

v.KERCHNER.

Supreme Court of North Carolina.

Nov. 11, 1895.

Judgment by Default.

In an action on two notes, where each note is set out as a distinct cause of action, and defendant answers only as to one of the notes, it is error to deny a motion for judgment on the other note.

Appeal from superior court, New Hanover county; Greene, Judge.

Action by M. H. Curran against F. W. Kerchner on two notes, each of which was set out as a separate cause of action, in which defendant answered only as to one of the notes. From an order denying a motion for judgment on the other note, plaintiff appeals. Reversed.

W. R. Allen, for appellant.

FURCHES, J. This is an action to recover money, brought on two notes, one for $2,000, and the other for $5,000; each note set out and alleged as different causes of action, — first cause and second cause of action. This action was returnable to September term, 1895, of New Hanover superior court, at which term the plaintiff filed a verified complaint; and defendant answered as to the $5,000 note, set out as the second cause of action, but made no answer whatever to the $2,000 note, set out as the first cause of action. Upon this state of the pleadings plaintiff moved for judgment on the $2,000 note, and the court denied this...