Legal Opinion

McGowan v. Beach

Supreme Court of North Carolina

Decided April 13, 1955No. 310PublishedCited by 18 opinions

1Opinion of the CourtDenNY, J.

The defendant interposed no objection to the issues submitted to the jury but excepts and assigns as error the refusal of the court below to submit the following issue: “Did the plaintiff loan the deceased, Wade H. McGowan, the sum of $15,000, as alleged by the plaintiff?”

The general rule with respect to the sufficiency of issues was stated by Winborne, J., in Cherry v. Andrews, 231 N.C. 261, 56 S.E. 2d 703, as follows: “Issues submitted are sufficient when they present to the jury proper inquiries as to all determinative facts in dispute, and afford the parties opportunity to introduce all…

2Cases cited41 opinions

  1. Jefferson Standard Life Insurance v. MoreheadSupreme Court of North Carolina · 1936
  2. Shepherd v. ThompsonSupreme Court of the United States · 1887
  3. Devereux v. . McMahonSupreme Court of North Carolina · 1891
  4. Hargett v. . LeeSupreme Court of North Carolina · 1934
  5. Potts v. Life Insurance Co. of VirginiaSupreme Court of North Carolina · 1934

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3Cited by18 opinions

  1. Security National Bank of Greensboro v. Educators Mutual Life InsuranceSupreme Court of North Carolina · 1965
  2. Whiteside v. McCarsonSupreme Court of North Carolina · 1959
  3. Pruett v. PruettSupreme Court of North Carolina · 1957
  4. Cruthis v. SteeleSupreme Court of North Carolina · 1963
  5. In Re the Foreclosure of a Deed of Trust Executed by CookeCourt of Appeals of North Carolina · 1978

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