Bush v. . Hall
Supreme Court of North Carolina
CivrL ACTION, tried before Gudger, Judge, and a jury, at March Term, 1886, of the Superior Court of Pasquotank county. The complaint alleges the non-payment of a promissory note due them by defendant, a copy whereof is set out, in the sum of $69617qS0-, hearing date the 23d day of December, 1881, and maturing ninety-seven days thereafter: and the plaintiffs demand judgment therefor.
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CivrL ACTION, tried before Gudger, Judge, and a jury, at March Term, 1886, of the Superior Court of Pasquotank county. The complaint alleges the non-payment of a promissory note due them by defendant, a copy whereof is set out, in the sum of $69617qS0-, hearing date the 23d day of December, 1881, and maturing ninety-seven days thereafter: and the plaintiffs demand judgment therefor. The pleadings were protracted and amended, but in the defendant’s answer, he admits the execution of the note and his liability to the plaintiffs, but in extinction of the debt, sets up a counter-claim for…
1Opinion of the CourtSmith, C. J.
(after stating the facts.) 'The only error assigned in the argument, in this Court, is in the judgment, rendered for .the full amount of the counter-claim, and in disregard of the debt due the plaintiffs upon the undisputed note, the original cause of action. It is suggested for the appellee, that the amount due the plaintiffs was deducted bv the jury from the damages ascertained, and that the sum found in response to that issue, is the excess of the damages. The counsel do not agree, that the jury acted upon any such instruction, and as it was not appropriate to the inquiry in which the…
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