Citizens National Bank v. Florida-Carolina Estates, Inc. , 200 N.C. 480 ( 1931 )

Per Curiam.

Exceptions 1, 2, 3, 4 and 5 are taken to certain questions and answers witb respect to indebtedness due by tbe Laurel Park Estates to tbe Fleetwood of Hendersonville Hotel Corporation. These exceptions cannot be sustained. While technically tbe questions might not have been competent, it appears upon tbe record on page twenty-three tbe defendant Fuller was asked substantially tbe same questions without objection, in which be stated that tbe Fleetwood of Hender-sonville Corporation claimed that. tbe Laurel Park Estates was indebted to it. Furthermore it appears that tbe Fleetwood Corporation and Laurel Park Estates were for all practical purposes interlocking corporations.

Other exceptions are addressed to tbe charge of tbe court on tbe issue of fraud. Such exceptions are based upon tbe theory that tbe trial judge unduly emphasized tbe issue of fraud, but tbe record discloses that there was no exception to submitting an issue of fraud and that tbe defendants admitted liability unless “tbe issue of fraud is answered in their favor.” Thus, fraud constituted tbe defense relied upon to defeat recovery, and there is nothing in tbe record to indicate that tbe trial judge abused bis discretion in tbe manner of arraying contentions or stating propositions of law.

Exception was also taken to tbe statement of a contention by tbe trial judge witb respect to two checks which were marked Exhibits H and I. If tbe trial judge stated tbe contentions incorrectly, it was tbe duty of tbe defendant to call bis attention to tbe matter in order that be might have an opportunity to make necessary corrections.

Exception was also taken to tbe fact that tbe trial judge of bis own motion recalled tbe jury and gave additional instructions during tbe absence of counsel. It is not contended that tbe supplemental instructions were incorrect. Hence, it cannot be said, as a matter of law, that it is error for a judge to recall a jury in bis discretion and to give such additional instructions as be may deem wise and proper.

A careful examination of the record and briefs fails to convince tbe Court that error was committed in tbe trial.

No error.