Bingham v. Lee

With reference to nonsuit, we consider only defendants’ motion therefor made at the conclusion of all the evidence. G.S. 1-183; Murray v. Wyatt, 245 N.C. 123, 128, 95 S.E. 2d 541. Defendants excepted to and assign as error the denial of said motion.

David Lee is a son of Dexter Lee and wife, Berttie Lee. At the times referred to in the complaint, David Lee was the officer of Wachovia Bank and Trust Company in charge of Time Payment and FHA loans at its Stratford office. Dexter Lee was in the automobile business in Shelby.

Plaintiff’s evidence tends to show:

In the spring of 1959, David Lee, in…