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Tag Archives: promissory note

Civil Practice – Default Judgment – Motion for Relief – Irregularity – Sufficient Allegations

Brown v. Cavit Sciences, Inc. Even though the basis for plaintiff’s claims against defendants was a $100,000 promissory note, the complaint’s allegations of breach of contract, breach of guaranty, fraudulent concealment, and unfair and deceptive trade practices, among others, support the trial court’s default judgment of $1,906,000. Therefore, the judgment is not irregular and is not subject to being set aside under N.C. R. Civ. P. 60(b).

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Civil Practice – Personal Jurisdiction – Real Property – Promissory Note – General Jurisdiction – Prior Litigation

Synovus Bank v. Schaur Even though an N.C. state court found that it had personal jurisdiction over the Michigan defendant, that action was voluntarily dismissed without prejudice; therefore, the court’s finding does not have collateral estoppel effect.

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