Legal Opinion · Dissent

Rankin v. Oates

Supreme Court of North Carolina

Decided May 17, 1922Published

Appeal by botb plaintiff and defendant from Bay, J., at December Term, 1921, of Gaston. Civil action to recover damages for an alleged wrongful conversion of plaintiff’s automobile.

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Appeal by botb plaintiff and defendant from Bay, J., at December Term, 1921, of Gaston. Civil action to recover damages for an alleged wrongful conversion of plaintiff’s automobile. Upon denial of liability and issues joined, tbe jury returned tbe following verdict: “1. Did tbe defendant wrongfully convert to bis own use tbe property of tbe plaintiff, as alleged in tbe complaint? Answer: ‘Yes.’ “2. Is tbe plaintiff’s cause of action barred by tbe statute of limitations? Answer:‘No.’ “3. What damages is tbe plaintiff entitled to recover by reason of tbe conversion of said car? Answer:…

1DissentClark, C. J.

This was an action for the alleged wrongful conversion of plaintiff’s automobile. Upon the issues submitted, the jury found the first issue in favor of the plaintiff, and in response to the third issue, assessed his damages at $1,875, and answered the second issue, “Is the plaintiff’s cause of action barred by the statute of limitations,” in the negative.

After the rendition of the verdict, the court set aside the jury’s finding as to the bar of the statute of limitations and himself answered that issue in the affirmative as a matter of law, and rendered judgment in favor of the defendant,…

2Cases cited18 opinions

  1. Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
  2. Becton v. Dunn.Supreme Court of North Carolina · 1905
  3. Bradshaw v. Citizens National BankSupreme Court of North Carolina · 1916
  4. Emry v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1891
  5. Riley v. . StoneSupreme Court of North Carolina · 1915

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