Security Finance Co. v. Mills

Stacy, O. J.

Tbe validity of the trial is called in question by numerous exceptions and assignments of error, but we shall not consider them seriatim, as it is necessary to award a new trial for failure of the court to instruct the jury as requested by the plaintiff in one of its special prayers, that if they found the facts according to' the evidence or as it tends to show, the first issue should be answered in favor of the plaintiff.

Notwithstanding the defendant’s plea of fraud in the treaty, and evidence tending to support it (Furst v. Merritt, 190 N. C., 397, 130 S. E., 40), we find no…