Davis v. Kessawayne Lumber Co.

Supreme Court of North Carolina

Davis v. Kessawayne Lumber Co.

103 S.E. 371, 179 N.C. 665, 1920 N.C. LEXIS 311

DecidedJune 2, 1920

StatusPublished

This text of 103 S.E. 371 (Davis v. Kessawayne Lumber Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davis v. Kessawayne Lumber Co., 103 S.E. 371, 179 N.C. 665, 1920 N.C. LEXIS 311 (N.C. 1920).

Pincite

Opinion

Allen, J.

There is evidence tending to establish the contention of the defendant that the release was a fair and just settlement of the claim of the plaintiff, but we cannot say, after an inspection of the whole record, that there is no evidence, direct or circumstantial, of fraud or undue influence, and being of the opinion that there is some evidence fit to be considered by the jury, a new trial is ordered, without intimation or expression of opinion as to the weight of the evidence.

We refrain from discussing or setting out the different circumstances, because if we did so undue importance might be attached to those referred to, and the question ought to be tried before the jury free from any expression of opinion, real or apparent, by us.

A new trial is ordered.

New trial.

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Allen, J.

There is evidence tending to establish the contention of the defendant that the release was a fair and just settlement of the claim of the plaintiff, but we cannot say, after an inspection of the whole record, that there is no evidence, direct or circumstantial, of fraud or undue influence, and being of the opinion that there is some evidence fit to be considered by the jury, a new trial is ordered, without intimation or expression of opinion as to the weight of the evidence.

We refrain from discussing or setting out the different circumstances, because if we did so undue importance might be attached to those referred to, and the question ought to be tried before the jury free from any expression of opinion, real or apparent, by us.

A new trial is ordered.

New trial.

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Bluebook (online)

103 S.E. 371, 179 N.C. 665, 1920 N.C. LEXIS 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-kessawayne-lumber-co-nc-1920.