Newbern v. . Gordon
Cases that cite this one
4 later published cases cite this decision.
- Jernigan v. . Jernigan (N.C. 1946)
- State v. . Whitley (N.C. 1935)
- T. L. Edge v. North State Feldspar Corp. (N.C. 1937)
- Dixon v. . Green (N.C. 1919)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The verdict is not determinative of the controversy. It is inconclusive and therefore insufficient to support the judgment. Bank v. Broom Co., 188 N. C., 508, 125 S. E., 12.
In an action involving disputed questions, the verdict should establish facts sufficient to enable the court to proceed to judgment. Chapman-Hunt Co. v. Board of Education, 198 N. C., 111, 150 S. E., 113. Here, there is no finding by the jury that usury was exacted, or, if so, that it was done knowingly. C. S., 2306.
Nor is the verdict capable of interpretation, so as to support the judgment quod recuperet, by proper reference to the pleadings, the evidence, admissions of the parties, and the charge of the court. Short v. Kaltman, 192 N. C., 154, 134 S. E., 425; Kannan v. Assad, 182 N. C., 77, 108 S. E., 383.
A new trial will be awarded on authority of Plotkin v. Bond Co., 200 N. C., 590, 151 S. E., 870, and cases there cited.
New trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.