WACHOVIA BANK & TRUST COMPANY v. CURRIN

No. 460.

92 S.E.2d 658 (1956)

244 N.C. 102

WACHOVIA BANK & TRUST COMPANY v. W. J. CURRIN, Original Defendant, and Great American Insurance Company, Additional Defendant.

Supreme Court of North Carolina.

May 9, 1956.


Attorney(s) appearing for the Case

Dupree, Weaver & Montgomery, John R. Montgomery, Jr., Nancy Fields Fadum, Raleigh, for defendant, appellant.

Mordecai, Mills & Parker, Raleigh, for Great American Ins. Co., defendant, appellee.


HIGGINS, Justice.

A motion to strike allegations from a pleading for irrelevancy admits, for the purposes of the motion, the truth of all facts well pleaded as well as all inferences which legitimately may be drawn from the facts alleged. The motion, however, does not admit conclusions of the pleader. Bank of French Broad, Ins., v. Bryan, 240 N.C. 610, 83 S.E.2d 485; Penn Dixie Lines v. Grannick,...

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