Proctor v. Carolina Fertilizer & Phosphate Co.

This case was before this Court on aZppeal by Jesse Eussell from a continuance of restraining order to the hearing, heard by Lyon, J., at Beaufort, 17 August, 1921, and is reported in 183 N. C., p. 153. This Court, Clark, C. J., writing the unanimous opinion, affirmed the judgment of the court below. The facts are fully set forth in that opinion and will not be repeated.

On the trial in the court below, the issues submitted to the jury, and their- answers thereto, were as follows:

“1. Was the execution of the note for $10,000 procured from the plaintiff by false and fraudulent misrepresentation…