MITCHELL v. ROTHWELL

No. 8818SC536.

374 S.E.2d 627 (1988)

92 N.C. App. 460

Sidney C. MITCHELL and Tuggle, Duggins, Meschan & Elrod, P.A., Plaintiffs, v. William F. ROTHWELL, Defendant.

Court of Appeals of North Carolina.

December 30, 1988.


Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard by Michael D. Meeker, and Jan Y. Bostic, Greensboro, for plaintiffs, appellees.

Nichols, Caffrey, Hill, Evans & Murrelee by William L. Stocks, and Douglas E. Wright, Greensboro, for defendant, appellant.


HEDRICK, Chief Judge.

Defendant first assigns error to the trial judge's refusal to submit to the jury an issue of conditional delivery of the demand promissory note and to instruct the jury thereon. Defendant argues the evidence, when considered in the light most favorable to him, was sufficient to raise an inference that the $300,000.00 note in question was delivered to plaintiffs on condition that it would be destroyed or rendered invalid if defendant was unsuccessful...

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