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GIBSON v. JONES

No. 7010DC72.

173 S.E.2d 57 (1970)

7 N.C. App. 534

W. C. GIBSON, Jr. v. Rose Marie JONES, Administratrix of the Estate of Frank E. Jones, and Rose Marie Jones, Individually.

Court of Appeals of North Carolina.

April 1, 1970.

Attorney(s) appearing for the Case

Boyce, Mitchell, Burns & Smith, by F. Kent Burns, Raleigh, for defendant appellants.

Hollowell & Ragsdale by William L. Ragsdale, Raleigh, for plaintiff appellee.

CAMPBELL, Judge.

Upon a demurrer, including a demurrer ore tenus, interposed at the outset of a hearing of a case, the pleadings are liberally construed so as to give the plaintiff the benefit of every reasonable intendment in his favor. G.S. § 1-151. Sutton v. Duke, 7 N.C. App. 100, 171 S.E.2d 343 (1969). Seen in such light, the complaint and the note pleaded herein evidence a debt...

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