County of Caldwell v. George
Supreme Court of North Carolina
Appeal by defendant from Cline, J., at the May Term, 1918, of Caldwell. This is an action to recover judgment against the defendant George as endorser of certain checks of Sidney Spitzer & Co. aggregating $1,900 and as drawer of one cheek for $1-,100. A jury trial was waived and the court found the facts and announced certain conclusions of law as follows: 1. In the fall of 1916 the commissioners of Caldwell County deemed it necessary to issue and sell $50,000 of county…
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Appeal by defendant from Cline, J., at the May Term, 1918, of Caldwell. This is an action to recover judgment against the defendant George as endorser of certain checks of Sidney Spitzer & Co. aggregating $1,900 and as drawer of one cheek for $1-,100. A jury trial was waived and the court found the facts and announced certain conclusions of law as follows: 1. In the fall of 1916 the commissioners of Caldwell County deemed it necessary to issue and sell $50,000 of county bonds, the proceeds to be used: $38,000 thereof for rebuilding roads and bridges destroyed in the July flood and $12,000 for…
1Opinion of the CourtAlleN, J.
A jury trial being waived, the findings of fact by the judge have the force and effect of a verdict, and are conclusive upon us, in the absence of an exception that there is no evidence to support them (Matthews v. Foy, 143 N. C., 384), and there is no such exception in the record. "We have set out these findings at length because they meet and answer every position taken by the defendant and fully sustain the judgment in favor of the plaintiff.
It is true the checks were .deposited to guarantee the performance of the contract of 6 December, 1916, and that the plaintiff was without authority…
2Cases cited1 opinion
- Matthews v. Fry.Supreme Court of North Carolina · 1906
3Cited by10 opinions
- Nance v. Western Union Telegraph Co.Supreme Court of North Carolina · 1919
- Nance v. . Telegraph Co.Supreme Court of North Carolina · 1919
- First National Pictures Distributing Corp. v. SeawellSupreme Court of North Carolina · 1933
- Way v. . RamseySupreme Court of North Carolina · 1926
- Ryan v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1952
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