# American Credit Co. of Winston-Salem, Inc. v. Brown

> Court of Appeals of North Carolina · February 3, 1971 · 10 N.C. App. 382

URL: https://www.frixlaw.com/law-library/cases/1327163

## Case

- **Full name:** American Credit Company of Winston-Salem, Inc. v. Benjamin Brown
- **Court:** Court of Appeals of North Carolina
- **Decided:** February 3, 1971
- **Citations:** 10 N.C. App. 382; 178 S.E.2d 649; 1971 N.C. App. LEXIS 1640
- **Precedential status:** Published
- **Opinion:** Opinion by Parker
- **Judges:** Parker, Mallard, Graham
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1327163

## Opinion text

PARKER, Judge.
In charging the jury the trial judge did not at any time “declare and explain the law arising on the evidence given in the case.”.This he was required to do. G.S. 1A-1, Rule 51(a); 7 Strong, N.C. Index 2d, Trial, § 33, p. 324,
et seq.
The jury was given no guidance as to what facts, if found by them to be true, would justify them in answering the sole issue submitted to them either in the affirmative or the negative. For failure of the trial judge to comply with the mandate of Rule 51(a), plaintiff is entitled to a
New trial.
Chief Judge Mallard and Judge Graham concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1327163. Public record. Not legal advice.