BENNETT v. NATIONAL SURETY CORPORATION

No. 97.

134 S.E.2d 678 (1964)

261 N.C. 345

Mack BENNETT, Plaintiff, v. NATIONAL SURETY CORPORATION, Defendant.

Supreme Court of North Carolina.

February 26, 1964.


Attorney(s) appearing for the Case

Dunn & Dunn, New Bern, for plaintiff appellant.

Barden, Stith & McCotter, New Bern, for defendant appellee.


BOBBITT, Justice.

The facts alleged, but not the pleader's legal conclusions, are deemed admitted when the sufficiency of a complaint is tested by a demurrer. Strong, N.C. Index, Pleadings § 12. The question is whether the facts alleged by plaintiff, liberally construed in his favor, are sufficient to constitute a cause of action.

Plaintiff's action is in tort. Even so, the rights and obligations of plaintiff and defendant inter se arise...

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