Atlantic Life Insurance v. Dey

174 S.E. 89, 206 N.C. 368, 1934 N.C. LEXIS 187

• Court: Supreme Court of North Carolina
• Decided: April 11, 1934
• Status: Published

Opinion

Stacy, C. J.

Viewing the allegations of the complaint with the liberality which the law requires on demurrer, it would seem that the allegation of deficiency in payment with interest from date of foreclosure is sufficient to charge the maturity of the unpaid balance, and, if not otherwise alleged, the foreclosure was tantamount to demand for payment. Worth v. Stewart, 122 N. C., 258, 29 S. E., 579; 21 R. C. L., 119; 1 Abbott’s Forms of Pleading (3d), 338.

It is true, the complaint is little more than a skeleton (Thompson v. Johnson, 202 N. C., 817, 164 S. E., 357) — wholly devoid of redundancy — but considering it in its entirety, it would seem to be sufficient as against a demurrer. Meyer v. Fenner, 196 N. C., 476, 146 S. E., 82; Blackmore v. Winders, 144 N. C., 212, 56 S. E., 874.

Affirmed.