Cahoon v. . Brinkley
Supreme Court of North Carolina
Appeal by plaintiff from Bond, J., at August Term, 1914, of 'WASHINGTON. Civil action, tried upon these issues: 1. Did tbe Plymouth Brick and Tile Manufacturing Company own the property described in complaint when the note and paper for $325 was given to A. L. Owens? Answer: “No.” 2. Has the $325 note given to A. L. Owens been paid or discharged? Answer:_ 3. Did the plaintiff and E. P. Oahoon fraudulently conspire together to hold said Owens’ note and purported mortgage as…
Read the full summary
Appeal by plaintiff from Bond, J., at August Term, 1914, of 'WASHINGTON. Civil action, tried upon these issues: 1. Did tbe Plymouth Brick and Tile Manufacturing Company own the property described in complaint when the note and paper for $325 was given to A. L. Owens? Answer: “No.” 2. Has the $325 note given to A. L. Owens been paid or discharged? Answer:_ 3. Did the plaintiff and E. P. Oahoon fraudulently conspire together to hold said Owens’ note and purported mortgage as the property of J. B. Oahoon, after it had been paid or discharged, to defeat the claim of D. 0. Brinkley ? Answer:_ 4.…
1Opinion of the CourtBeown, J.
The first assignment of error is because the court refused to allow the plaintiff to submit to a voluntary nonsuit. The facts are as follows: The jury retired to the jury room about 5 :30 p. m. and stayed out until about 9 p. m. They were tben called into tbe jury box in presence o£ counsel for botb sides, about 9 p. m., and wben called in were asked by tbe court if they bad agreed on tbe first three issues, and they answered “No.” Tbe court tben asked if they tbougbt by staying together in tbe jury room a few minutes longer tbey could agree on any one of the three. One juror replied be…
2Cases cited2 opinions
- Strause v. Sawyer.Supreme Court of North Carolina · 1903
- Sharpe v. . SowersSupreme Court of North Carolina · 1910
3Cited by5 opinions
- Southeastern Fire Insurance Company v. WaltonSupreme Court of North Carolina · 1962
- Southern Cotton Oil Co. v. ShoreSupreme Court of North Carolina · 1916
- Nantahala Power & Light Co. v. Whiting Manufacturing Co.Supreme Court of North Carolina · 1936
- Sink v. . HireSupreme Court of North Carolina · 1936
- In Re BakerSupreme Court of North Carolina · 1924