Newbern v. . Gordon

160 S.E. 182, 201 N.C. 317, 1931 N.C. LEXIS 229

Opinion

Stacy, C. J.

The verdict is not determinative of the controversy. It is inconclusive and therefore insufficient to support the judgment. Bank v. Broom Co., 188 N. C., 508, 125 S. E., 12.

In an action involving disputed questions, the verdict should establish facts sufficient to enable the court to proceed to judgment. Chapman-Hunt Co. v. Board of Education, 198 N. C., 111, 150 S. E., 113. Here, there is no finding by the jury that usury was exacted, or, if so, that it was done knowingly. C. S., 2306.

Nor is the verdict capable of interpretation, so as to support the judgment quod recuperet, by proper reference to the pleadings, the evidence, admissions of the parties, and the charge of the court. Short v. Kaltman, 192 N. C., 154, 134 S. E., 425; Kannan v. Assad, 182 N. C., 77, 108 S. E., 383.

A new trial will be awarded on authority of Plotkin v. Bond Co., 200 N. C., 590, 151 S. E., 870, and cases there cited.

New trial.