Bank v. . Harris

104 S.E. 458, 180 N.C. 238, 1920 N.C. LEXIS 71

• Court: Supreme Court of North Carolina
• Decided: October 27, 1920
• Status: Published

Opinion

AlleN, J.

The pleadings raise two issues, one as to the execution of the note of $297.27, of date 23 August, 1913, by the defendants to Darby, and tbe other its transfer to the plaintiff bank, and as no exception relates to either of these issues, the judgment must be affirmed.

The evidence of the defendant, excluded by the court, was an offer to prove that he had paid the note of September, 1912, and the receipts, which were not admitted in evidence, antedated the note sued on, all of the evidence tending to the conclusion that the defendant has settled the note of 1912, and has paid two other notes of $75 and $57.50 executed by them, and have paid nothing on the note in controversy.

They could not well claim payment of a note which they denied executing in the pleadings, and on the witness stand, and when, as stated in the judgment, it was “agreed between counsel for plaintiff and defendant that if the first issue should be answered ‘Yes,’ that the amount due is $297.27, with interest from 23 August, 1913, until paid.”

No error.