Legal Opinion

Newbern v. . Gordon

Supreme Court of North Carolina

Decided September 16, 1931PublishedCited by 4 opinions

1Opinion of the CourtStacy, C. J.

The verdict is not determinative of the controversy. It is inconclusive and therefore insufficient to support the judgment. Bank v. Broom Co., 188 N. C., 508, 125 S. E., 12.

In an action involving disputed questions, the verdict should establish facts sufficient to enable the court to proceed to judgment. Chapman-Hunt Co. v. Board of Education, 198 N. C., 111, 150 S. E., 113. Here, there is no finding by the jury that usury was exacted, or, if so, that it was done knowingly. C. S., 2306.

Nor is the verdict capable of interpretation, so as to support the judgment quod recuperet, by proper…

2Cases cited5 opinions

  1. Kannan v. . AssadSupreme Court of North Carolina · 1921
  2. Merchants National Bank v. Carolina Broom Co.Supreme Court of North Carolina · 1924
  3. Chapman-Hunt Co. v. Haywood County Board of EducationSupreme Court of North Carolina · 1929
  4. Short v. . KaltmanSupreme Court of North Carolina · 1926
  5. Plotkin v. Realty Bond Co.Supreme Court of North Carolina · 1931

3Cited by4 opinions

  1. State v. . WhitleySupreme Court of North Carolina · 1935
  2. Jernigan v. . JerniganSupreme Court of North Carolina · 1946
  3. T. L. Edge v. North State Feldspar Corp.Supreme Court of North Carolina · 1937
  4. Dixon v. . GreenSupreme Court of North Carolina · 1919

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