Russell v. Boone, 188 N.C. 830 (1924)

Nov. 19, 1924 · Supreme Court of North Carolina

188 N.C. 830

T. C. RUSSELL and C. W. RUSSELL, Trading as DENTON MARBLE WORKS, v. W. E. BOONE, B. I. HARRISON, L. E. WORKMAN, MILBA HILL, A. A. ANDERSON, C. C. CHANDLER, J. M. DANIEL, Sr., B. E. MORRIS, L. C. WOOD, A. A. HILL, and WILSON HILL.

(Filed 19 November, 1924.)

Appeal by defendants from Lane, J., and a jury, at February Term, 1924, of DavidsoN.

Phillips & Bower and Holton & Holton for plaintiffs.

Paper & Paper, J. R. McCrary, and J. M. Durant, Jr., for defendants.

Pee Cubiam.

Tbe following were tbe issues submitted to tbe jury, and tbe answers thereto:

“1. Did tbe defendants, or either of them, negligently fail to perform their duties as directors of tbe Bank of Denton, as alleged in tbe complaint; and, if so, which ones? Answer: ‘Yes.’

“2. If so, did tbe plaintiffs sustain damage thereby, as alleged in tbe complaint? Answer: ‘Yes.’

“3. What amount are tbe plaintiffs entitled to recover? Answer: ‘$824.39.’ ”

We have examined tbe record, exceptions, assignments of error, and able briefs of tbe attorneys, and can find no prejudicial or reversible error.

Tbe cause was tried out on tbe principle laid down in Houston v. Thornton, 122 N. C., p. 365.

We can find

No error.