Falkner v. Pilcher.
Supreme Court of North Carolina
ActioN by Eugene Ealkner against Pilcber & Co. and American National Bank, beard, by Judge T. J. Shaw and a jury at October Term, 1904, of tbe Superior Court of VaNCE County. Erom a judgment in favor of tbe defendant bank, plaintiff appealed.
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ActioN by Eugene Ealkner against Pilcber & Co. and American National Bank, beard, by Judge T. J. Shaw and a jury at October Term, 1904, of tbe Superior Court of VaNCE County. Erom a judgment in favor of tbe defendant bank, plaintiff appealed. Plaintiff sued defendants, Pilcber and tbe American National Bank, before a justice of tbe peace to recover $200, “due for damages for breach of contract in failing to deliver 600 bushels of corn in good condition after payment for same and demanded by plaintiff.” Tbe defendants, being non-residents, were brought into court by publication and an…
1Opinion of the Court
Walker, J.,
after stating the case. It may be conceded as a general proposition that a party cannot complain because a particular issue was not submitted to the jury unless he tendered it, but the rule is subject to this qualification, that the issues submitted must in themselves be sufficient to dispose of the controversy and to enable the Court to proceed to judgment, for in that respect the duty of the Court to submit issues is mandatory. Tucker v. Satterthwaite, 120 N. C., 118; Burton v. Mfg. Co., 132 N. C., 17. It was cer tainly not incumbent on the.plaintiff to tender tbe issue Avhen tbe…
2Cases cited6 opinions
- Tucker v. . SatterthwaiteSupreme Court of North Carolina · 1897
- Davidson v. . GiffordSupreme Court of North Carolina · 1888
- Burton v. Rosemary Mfg. Co.Supreme Court of North Carolina · 1903
- Fisher v. Insurance Co.Supreme Court of North Carolina · 1904
- Vaughan v. . ParkerSupreme Court of North Carolina · 1893
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3Cited by15 opinions
- Mast v. Sapp.Supreme Court of North Carolina · 1906
- Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
- America Potato Co. v. Jeanette Bros.Supreme Court of North Carolina · 1917
- Griffin v. United Services Life InsuranceSupreme Court of North Carolina · 1945
- Baker v. MALAN CONSTRUCTION CORPORATIONSupreme Court of North Carolina · 1961
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