Beam v. . Wright
Supreme Court of North Carolina
1Concurring in part, dissenting in partWinborne, J.
This was an action to recover on a note in the sum of $5,976. Defendants denied liability and pleaded want of consideration.
This case was here at Fall Term, 1942, and is reported in 222 N.C. 174,22 S.E.2d 270. That appeal involved only the pleadings. On the trial below compulsory reference was ordered and both parties excepted. The referee found the defendants liable on the note sued on in the sum of $800, and plaintiff filed exceptions to the report with demand for jury trial upon issues tendered. The issues tendered and submitted to the jury on the trial were these:
"1. Are the defendants…
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