Perry v. First Citizens National Bank & Trust Co.

The appellant assigns error in the charge on the ground that the instruction given by the trial court as to the only controverted issue amounted to a directed verdict for the defendant, and was based upon the erroneous view, as thus expressed, that there was no competent evidence to support the plaintiff’s contentions.

The question presented is whether the plaintiff has offered sufficient competent evidence to require the submission of the controversy on the determinative issue as an open question. From an examination of the report of the testimony set out in the record, it is apparent that…