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McGOWAN v. BEACH

No. 310.

86 S.E.2d 763 (1955)

242 N.C. 73

Mrs. Lols Sanders McGOWAN v. Benjamin BEACH, Administrator of the Estate of Wade H. McGowan, deceased.

Supreme Court of North Carolina.

April 13, 1955.

Attorney(s) appearing for the Case

W. H. Strickland, Lenoir, for plaintiff, appellee.

L. H. Wall, Hal B. Adams, Lenoir, for defendant, appellant.

DENNY, Justice.

The defendant interposed no objection to the issues submitted to the jury but excepts and assigns as error the refusal of the court below to submit the following issue: "Did the plaintiff loan the deceased, Wade H. McGowan, the sum of $15,000, as alleged by the plaintiff?"

The general rule with respect to the sufficiency of issues was stated by Winborne, J., in Cherry v. Andrews, 231 N.C. 261,

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