Bank v. . Harris
Supreme Court of North Carolina
Appeal by defendant from Guión, J., at the April Term, 1920, of New HaNovee. This is an action on a note under seal for $297.27, of date 23 August, 1913, secured by a mortgage, which the plaintiff alleges was executed by the defendant to J. J. Darby, and that it was transferred by indorsement to the plaintiff bank for value before maturity.
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Appeal by defendant from Guión, J., at the April Term, 1920, of New HaNovee. This is an action on a note under seal for $297.27, of date 23 August, 1913, secured by a mortgage, which the plaintiff alleges was executed by the defendant to J. J. Darby, and that it was transferred by indorsement to the plaintiff bank for value before maturity. The defendants denied the execution of the note and the transfer to tho plaintiff, and alleged the execution of a note to said Darby on 28 September, 3.912, for $315, as to which note they pleaded payment. ■ They further alleged that they have never…
1Opinion of the CourtAlleN, 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…
2Cited by1 opinion
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