Penniman & Co. v. Alexander
Supreme Court of North Carolina
Petition to rehear this cause, which is reported in 112 N. C, 778. It was first before this Court on appeal of defendant, at September Term, 1892 (111 N. C., 427), when a new trial was granted him. The errors set out in the defendant’s petition for a rehearing are as follows: “ 1. It was erroneous to construe the instrument sued on solely by what appeared upon its face, and to exclude from consideration the surrounding circumstances.
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Petition to rehear this cause, which is reported in 112 N. C, 778. It was first before this Court on appeal of defendant, at September Term, 1892 (111 N. C., 427), when a new trial was granted him. The errors set out in the defendant’s petition for a rehearing are as follows: “ 1. It was erroneous to construe the instrument sued on solely by what appeared upon its face, and to exclude from consideration the surrounding circumstances. “ 2. It was error for the Court, in putting its construction, to stop where it did, without advising the jury when, upon the face of the instrument, or when,…
1Opinion of the Court
Buhwell, J.:
Concerning the first three assignments of error, we deem it sufficient to say that the matters involved in them have all been heretofore considered by us, and the argument of counsel upon the hearing of this petition has faijed to show us that we omitted to give attention to the exceptions to his Honor’s charge, here again pointed out and insisted on.
The fourth assignment is as follows:
“ 4. It was error to leave it to the jury to pass upon material facts, without evidence upo'n which the jury could find the existence of such facts.”
This refers to the following portion of the…
2Cases cited2 opinions
- State v. . WhiteSupreme Court of North Carolina · 1883
- Leach v. . LindeSupreme Court of North Carolina · 1891
3Cited by6 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Basnight v. Southern Jobbing Co.Supreme Court of North Carolina · 1908
- Craig-Little Realty & Insurance v. SpurrierSupreme Court of North Carolina · 1925
- Penniman v. . AlexanderSupreme Court of North Carolina · 1892
- Penniman v. . AlexanderSupreme Court of North Carolina · 1893
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