Jackson v. City of Gastonia

The only question presented for decision is: Did the court below err in allowing interest from 22 October, 1952, the date of the filing of the complaint? We think so.

In tort actions for conversion, interest ordinarily is allowable in the discretion of the jury. Stephens v. Koonce, 103 N.C. 266, 9 S.E. 315; White v. Riddle, 198 N.C. 511, 152 S.E. 501; Ins. Co. v. Railroad, 198 N.C. 518, 152 S.E. 503. But this principle does not apply here for the reason that the facts were stipulated in respect to the amount of the plaintiffs’ recovery. The stipulation provides that “the reasonable value and…