# Newbern v. . Gordon

> Supreme Court of North Carolina · September 16, 1931 · 201 N.C. 317

URL: https://www.frixlaw.com/law-library/cases/3678287

## Case

- **Full name:** Herman Newbern v. L. S. Gordon.
- **Court:** Supreme Court of North Carolina
- **Decided:** September 16, 1931
- **Citations:** 201 N.C. 317; 160 S.E. 182; 1931 N.C. LEXIS 229
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Stacy
- **Judges:** Stacy
- **Cited by:** 4 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/3678287

## Opinion text

*318
Stacy, C. J.
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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3678287. Public record. Not legal advice.