Union National Bank v. Jonas

193 S.E. 265, 212 N.C. 394, 1937 N.C. LEXIS 334

• Court: Supreme Court of North Carolina
• Decided: November 3, 1937
• Status: Published

Opinion

Per Curiam.

Tbe note bearing seals opposite tbe names of tbe respective makers constitutes presumptive evidence that tbe note was under seal. Tbis was fortified by tbe reference appearing in tbe face' of the note to tbe trust deed securing tbe same. Tbe defendants offered no evidence in rebuttal. It follows that tbe note was not barred by tbe three-year statute of limitations and that tbe instructions of tbe court were correct. This ease is controlled by Allsbrooh v. Walston, ante, 225, and cases there cited.

A person who signs a note upon its face is, under the statute, presumed to be a maker. This presumption may be rebutted by competent testimony. The feme defendant, however, did not in her answer set up the defense that she was a surety upon said note, nor did she offer any evidence to that effect. In the trial below there was

No error.