Schall v. Jennings

GREENE, Judge.

The plaintiff appeals the trial court’s order denying his Rule 59 motion for a new trial.

This is the second appearance of this case on our docket. In the first visit the defendant appealed the trial court’s grant of its own new trial motion without allowing the parties to be heard. Schall v. Jennings, 94 N.C. App. 601, 381 S.E.2d 353 (1989) (unpublished opinion). The facts of this case, as ably articulated in the first appeal are as follows:

In his complaint, plaintiff alleged that he loaned defendant $20,000 in 1981. Defendant was then married to plaintiff’s daughter; however,…