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HOWELL v. DAVIS

21847

278 S.C. 510 (1983)

299 S.E.2d 336

George N. HOWELL, d/b/a George's Wholesale Meats, Plaintiff-Respondent, v. Robert King DAVIS, Sr., Robert King Davis, Jr., and First-Citizens Bank and Trust Company of New Bern, North Carolina, Defendants, of whom Robert King Davis, Jr. is also Respondent, and Robert King Davis, Sr. and First-Citizens Bank and Trust Company of New Bern, North Carolina, are Appellants.

Supreme Court of South Carolina.

January 5, 1983.

Attorney(s) appearing for the Case

Antony M. Merck, of Buist, Moore, Smythe & McGee, Charleston, for appellant First-Citizens Bank and Trust Co., of New Bern, North Carolina; and David F. Groose, Charleston, for appellant Robert King Davis, Sr.

Allen R. DuPree, North Charleston, for respondent George N. Howell, d/b/a George's Wholesale Meats; and David F. Groose, Charleston, for respondent Robert King Davis, Jr.

Jan. 5, 1983.

Per Curiam:

In this conversion action, the jury returned a verdict for Respondent Howell against Respondent Davis, Jr., in an amount which exceeded the amount requested in the complaint. Respondent Davis, Jr., made motions for mistrial, new trial, and judgment notwithstanding the verdict. Respondent Howell joined in the motions for mistrial and for a new trial as to Respondent Davis, Jr., only...

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