Opinion

Roberts v. Life Insurance Co.

  • 118 N.C. 429
  • 24 S.E. 780
Court
Supreme Court of North Carolina
Filed
Feb 5, 1896
Status
Published
On the bench
Furches
Cited by
16 cases
Authority
More cited than 42.6%

The opinion

We see no error in this appeal. The question of time for which plaintiff is allowed to recover is decided in plaintiff's appeal — that there was no error in the court's holding that plaintiff could only recover for usurious interest paid within two years next before commencing his action; and the only other question presented by this appeal is as to what amount the plaintiff should recover. A jury trial was waived and the judge found the facts, and his findings of fact can no more be reviewed by this Court than if they had been found by a jury. Walnut v. Wade , 103 U.S., p. 688 (436) We can only review him upon questions of law. The counsel on both sides contend that his findings of fact — the amount of plaintiff's recovery — are not correct, plaintiff contending it should have been for more, and defendant contending it should have been for a less amount. But as we find that his findings were based upon correct principles of law, they are conclusive. There is no error and the judgment is

Affirmed.

Cited: Smith v. Loan Assn. , 119 N.C. 255 , 261 ; Hollowell v. Loan Assn. , 120 N.C. 287 ; Gillam v. Ins. Co. , 121 N.C. 373 ; Carter v. *Page 274 Ins. Co. , 122 N.C. 339 ; Churchill v. Turnage, ib. , 433; Meares v. Butler , 123 N.C. 209 ; Tayloe v. Parker , 137 N.C. 419 ; Matthews v. Fry , 143 N.C. 385 ; Gulledge v. R. R. , 147 N.C. 235 ; Hall v. R. R. , 149 N.C. 110 ; Stokes v. Cogdell , 153 N.C. 182 ; State's Prison v. Hoffman , 159 N.C. 568 ; Buchanan v. Clark , 164 N.C. 61 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.