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NORTH STATE FINANCE CO. v. LUCK

No. 391.

56 S.E.2d 1 (1949)

231 N.C. 110

NORTH STATE FINANCE CO. v. LUCK.

Supreme Court of North Carolina.

November 9, 1949.

Attorney(s) appearing for the Case

J. G. Prevette, Asheboro, for defendant, appellant.

Ottway Burton, Asheboro, for plaintiff, appellee.

PER CURIAM.

This action was instituted in Randolph County Superior Court November 30, 1948, to recover judgment on a note for borrowed money in the amount of $1,078.66, with interest, secured by a chattel mortgage on an automobile. Service of summons and complaint was made on defendant on that same day.

The complaint sets up sufficient allegations for recovery upon the declared amount but adds an allegation in the 6th paragraph, "* * * the defendant has fraudulently...

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