M. BLATT COMPANY v. SOUTHWELL

No. 610.

130 S.E.2d 859 (1963)

259 N.C. 468

The M. BLATT COMPANY v. Charles L. SOUTHWELL.

Supreme Court of North Carolina.

May 22, 1963.


Attorney(s) appearing for the Case

Blair L. Daily and Jordan J. Frassineti, Greensboro, for plaintiff-appellant.

E. D. Kuykendall, Jr., and Weinstein & Weinstein, Greensboro, for defendant-appellee.


BOBBITT, Justice.

Although defendant's motion is made under G.S. § 1-497 for judgment against plaintiff and the surety on its undertaking or bond, the undertaking or bond is not in the record. Whether for $2,500.00 or $500.00, it is assumed the bond was drafted in accordance with G.S. § 1-496. Defendant's motion for judgment thereon alleges the bond was "conditioned that said plaintiff would pay to the party enjoined such damages as he might sustain by reason...

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