Kingsbury v. . Gooch

64 N.C. 528

• Court: Supreme Court of North Carolina
• Decided: June 5, 1870
• Status: Published

Opinion

Dick, J.

The plaintiff cannot enforce the contract sued on, as he loaned the money to the principal obligor, with a knowledge that it was to be used for the illegal purpose of hiring a substitute, to be "placed in the Confederate Army: Critcher v. Holloway, ante, 526. The plea of the general issue was waived on the trial, and the general verdict, although informal, is not erroneous. If the counsel of the plaintiff deemed it important to ascertain upon what particular point the jury found their verdict, he ought to have requested his Honor to put such question to them before the. verdict was rendered: 3 Chit, Pr. 921.

There was no error, and the judgment must he affirmed.

Justices Reade and Rodman dissented.

Per Curiam. Judgment affirmed.