Citizens Bank & Trust Co. v. Knox

127 S.E. 927, 189 N.C. 835, 1925 N.C. LEXIS 419

• Court: Supreme Court of North Carolina
• Decided: April 8, 1925
• Status: Published

Opinion

Per Curiam.

Tbis case was bere on appeal and a new trial was awarded defendant, 187 N. C., 565. On tbe bearing in tbe court below on tbe new trial, tbe issues submitted to tbe jury and tbeir answers thereto, were as follows:

“1. Did tbe plaintiff bank exercise due care and diligence in attempting to collect tbe $500 draft referred to in tbe answer? Answer: ‘Yes.’

“2. What amount, if any, bas tbe plaintiff collected on said $500 draft ? Answer: Nothing.’

“3. In what amount, if anything, are the defendants indebted to the plaintiff on the $800 note sued on ? Answer: .”

The issues submitted were those properly raised by the pleadings, and in accordancé with the former decision in this case.

From a careful inspection of the record, we can find no prejudicial or reversible error. The jury having found the issues in favor of the plaintiff, and the question being one of fact, we find

No error.

Stacy, C. J., and Varser, J., took no part in the consideration or decision of the ease.