Carpenter v. First National Bank of Wadesboro, 211 N.C. 740 (1937)

May 19, 1937 · Supreme Court of North Carolina
211 N.C. 740

W. W. CARPENTER v. THE FIRST NATIONAL BANK OF WADESBORO.

(Filed 19 May, 1937.)

Appeal by plaintiff from Rousseau, J., at September Term, 1936, of ANSON.

Civil action for an accounting between plaintiff and defendant’s intestate, and to recover balance due, alleged to have arisen out of certain “purchases and sales of cotton,” which were “bona fide hedges” and made in the course of their business as cotton dealers.

*741Tbe purchases and sales in question were'made in tbe spring of 1923. Summons was issued 3 December, 1923; complaint filed 11 May, 1934; action tried September Term, 1936.

From judgment of nonsuit entered at tbe close of plaintiff’s evidence, be appeals, assigning errors.

Armfield, Sherrin & Barnhardt for plaintiff, appellant.

Rowland 8. Pruette and B. M. Covington for defendant, appellee.

Per Curiam.

Plaintiff’s chief complaint is to tbe exclusion of certain evidence, without which it is practically conceded no case has been made out. A careful perusal of tbe record fails to disclose any error in tbe exclusion of evidence or in tbe judgment of nonsuit. Nor has error been made to appear on tbe motion to recuse.

Affirmed.