Harris v. . Kennedy

163 S.E. 458, 202 N.C. 487, 1932 N.C. LEXIS 141

• Court: Supreme Court of North Carolina
• Decided: March 30, 1932
• Status: Published

Opinion

ClabksoN, J.

We think tbe charge of tbe court below correct. There was a dispute between plaintiff and defendant. Tbe letter from defendant to plaintiff set forth what be owed plaintiff and enclosed check for $33.30, and in tbe letter be stated “check to balance.” Plaintiff cashed tbe check.

Hardware Co. v. Farmers Federation, 195 N. C., 702, is a case on “all fours,” at p. 704 tbe law is stated as follows: “In Ore Co. v. Powers, 130 N. C., 152, 41 S. E., 6, tbe debtor sent a check to a creditor by letter wbicb stated: ‘We enclose you check for $3,210.46, which balances account with your good self.’ This Court upon such fact declared the law to be: ‘Having accepted the check with a statement in the letter that it was for balance in full and cashed the check, the plaintiff is bound thereby in the absence of evidence of fraud or other conduct on the part of the defendants to relieve the plaintiff from the effect of its acceptance of the check in full payment.’ Thomas v. Gwyn, 131 N. C., 460, 42 S. E., 904; Armstrong v. Lonon, 149 N. C., 434, 63 S. E., 1011; Aydlett v. Brown, 153 N. C., 334, 69 S. E., 243.” In the judgment of the court below we find No error.