Greensboro Ice & Fuel Co. v. Security National Bank

Conceding without deciding that negligence on the part of the plaintiff, as alleged in the answer, would have estopped the plain tiff from recovery in this action, we are of the opinion that there was no evidence at the trial tending to sustain these allegations. The submission of the first issue and the instructions in the charge of the court to the jury with respect to said issue was error for which the plaintiff is entitled to a new trial.

The evidence showed that at the time plaintiff employed Roy L. Smith as its bookkeeper, plaintiff, through its officers, made due inquiry as to his…