SPARKS v. PEACOCK

No. COA97-1162.

500 S.E.2d 116 (1998)

James A. SPARKS, Plaintiff, v. Sue PEACOCK, formerly Sue W. Sparks, Defendant.

Court of Appeals of North Carolina.

June 2, 1998.


Attorney(s) appearing for the Case

McElwee & McElwee by Karen Inscore McElwee and Amanda H. Creamer, N. Wilkesboro, for plaintiff-appellant.

John E. Hall, Wilkesboro, for defendant-appellee.


LEWIS, Judge.

Plaintiff brought this action alleging that, during their marriage, the parties executed, as co-makers, seven promissory notes for which they are jointly and severally liable. Plaintiff seeks contribution from defendant for payments that plaintiff has made on these notes. Defendant moved to dismiss the action for failure to state a claim on which relief can be granted and lack of subject matter jurisdiction. Defendant contends that the district court...

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