Bridgeport Organ Co. v. Snyder
Supreme Court of North Carolina
ActioN tried, before J ones, J., and a jury, at October Term, 1907, of CUMBERLAND. Tbe following issues were submitted to tbe jury: . “1. Did tbe defendant wrongfully and fraudulently' convert to bis own use the notes, liens, accounts and cash collections of tbe plaintiff, as alleged?” Answer: “No.” “2. What damage has tbe plaintiff sustained ?” Answer: “Eour hundred and fifty-eight dollars and fifty-one cents, with interest from 17 September, 1906.” Tbe court rendered…
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ActioN tried, before J ones, J., and a jury, at October Term, 1907, of CUMBERLAND. Tbe following issues were submitted to tbe jury: . “1. Did tbe defendant wrongfully and fraudulently' convert to bis own use the notes, liens, accounts and cash collections of tbe plaintiff, as alleged?” Answer: “No.” “2. What damage has tbe plaintiff sustained ?” Answer: “Eour hundred and fifty-eight dollars and fifty-one cents, with interest from 17 September, 1906.” Tbe court rendered judgment in favor of plaintiff and against defendant for $458.51, with interest from 18 September, 1906. The plaintiff…
1Opinion of the CourtBbowN, J.
Tbe plaintiff resorted to tbe ancillary proceeding of arrest and bail, and in order to entitle him to execution against tbe person it was encumbent upon it to secure an affirmative answer to tbe first issue. His Honor instructed tbe jury that 'there was no evidence of a fraudulent conversion and directed them to answer tbe first issue “No,” to which plaintiff excepted. We think the court erred in withdrawing tbe first issue from the consideration of the jury by directing them to answer it “No.” He should have submitted the issue to them with appropriate instruction, for we think there is…
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