Herring v. . Warwick

Decided March 20, 1912

Supreme Court of North Carolina · decided 1912-03-20

W. Ward, J., at October Term, 1911, of SAMPSON. Civil action. The following issues were submitted to the jury: 1. At the sale of the land in question, on 15 February, 1898, at courthouse door in Clinton, was it agreed between John T. Gregory, the mortgagee, and the defendant Warwick that Warwick should bid off the said land, and did be bid off said lands as agent and trustee for said Gregory, as alleged? Answer: Yes. 2.

Decided 1912-03-20

P®R Cubiam.

¶1 This cause was before the Court at Spring Term, 1911, 155 N. C., 346. The facts are all fully stated and the case fully discussed in the opinion of Mr. Justice Walker, rendered for the Court. A new trial was granted because the verdict was rendered in one essential particular under the influence of one erroneous instruction.

¶2 In granting the new trial, and considering the case on the former appeal, we necessarily considered all the evidence then produced, and a motion for a judgment of nonsuit was inferentially denied. ’ The evidence in this regard is much stronger than that presented upon the former appeal, and we think his Honor carefully followed the former decision of this Court, *594 and we find in bis rulings upon tbe evidence, and in bis charge to tbe jury, no substantial error wbicb we tbink would warrant us in ordering another trial. Tbe judgment of tbe Superior Court is

¶3 Affirmed.