[DOWNLOAD] "Clemmons v. Life Insurance Co." by Supreme Court of North Carolina No. 191 * eBook PDF Kindle ePub Free

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eBook details

• Title: Clemmons v. Life Insurance Co.
• Author : Supreme Court of North Carolina No. 191
• Release Date : January 30, 1968
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Upon a demurrer to a complaint on the ground that it does not state a cause of action, the allegations of fact, together with all relevant inferences of fact reasonably deducible therefrom, are taken to be true. Corprew v. Chemical Corp., 271 N.C. 485, 157 S.E.2d 98. The question is whether, such being the facts, the plaintiff is entitled to recover from the defendant. The allegations of the complaint are to be liberally construed so as to give the plaintiff the benefit of every reasonable intendment in his favor. G.S. 1-151; Corprew v. Chemical Corp., supra ; Strong, N.C. Index, 2d Ed, Pleadings, § 19, and cases cited therein. Liberal construction, however, does not mean that the court is to read into the complaint allegations which it does not contain. Brevard v. Insurance Co., 262 N.C. 458, 137 S.E.2d 837; Builders Corp. v. Casualty Co., 236 N.C. 513, 73 S.E.2d 155. Furthermore, the demurrer does not admit inferences or conclusions of law drawn from the facts alleged in the complaint. Corprew v. Chemical Corp., supra; Lindley v. Yeatman, 242 N.C. 145, 87 S.E.2d 5; Strong, N.C. Index, 2d Ed., Pleadings, § 19. The allegation of such a conclusion adds nothing to the allegations of facts upon which it is based, and, therefore, is to be disregarded in determining whether the facts alleged, and admitted by the demurrer, entitle the plaintiff to recover from the defendant. Green v. Kitchin, 229 N.C. 450, 50 S.E.2d 545; 41 Am. Jur., Pleading, § 18. See also, Stacy, C.J., concurring, in Brown v. Mewborn, 218 N.C. 423, 11 S.E.2d 372.

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