Abdallah v. . Dunn

134 S.E. 926, 192 N.C. 815, 1926 N.C. LEXIS 429

• Court: Supreme Court of North Carolina
• Decided: October 20, 1926
• Status: Published

Opinion

Per Curiam.

Upon an appeal by defendant Dunn to tbis Court, from judgment rendered at June Term, 1924, of Superior Court of Lenoir County, appellant’s assignments of error were sustained and a new trial ordered. Miller v. Dunn, 188 N. C., 397. Issues necessary to a judgment finally determining tbe rights of tbe parties, involving tbe amount paid by Dunn to Copeland Bros., by whom tbe note was transferred to Dunn, and tbe application of payments, aggregating $100, made by Miller to Dunn, after tbe transfer of tbe note, were not submitted to tbe jury on tbe former trial. Upon tbe new trial tbe facts involved in tbe issues suggested have been found by tbe jury, upon competent evidence, and under instructions free from error. Appellant’s exceptions to tbe admission of evidence, to issues submitted, and to tbe judgment, cannot be sustained. Tbe judgment is affirmed. There is

No error.