Citizens Bank & Trust Co. v. Knox

Tbis case was bere on appeal and a new trial was awarded defendant, 187 N. C., 565. On tbe bearing in tbe court below on tbe new trial, tbe issues submitted to tbe jury and tbeir answers thereto, were as follows:

“1. Did tbe plaintiff bank exercise due care and diligence in attempting to collect tbe $500 draft referred to in tbe answer? Answer: ‘Yes.’

“2. What amount, if any, bas tbe plaintiff collected on said $500 draft ? Answer: Nothing.’

“3. In what amount, if anything, are the defendants indebted to the plaintiff on the $800 note sued on ? Answer: .”

The issues submitted were those properly…