Wittkowsky v. Baruch.

Tbis case was before ns at tbe last term, and is reported in 126 N. C., 747, and is before us again upon a petition to re-bear. Tbe facts are fully stated in tbe report of tbe case when bere before, and we will not re-state them, further than we may find it necessary to do so to dispose of tbe petition to re-hear. When tbe case was bere before, we were of tbe opinion that tbe plaintiff could not recover upon the old notes, and so stated in tbe opinion; and, while the defendants seem to understand tbis to have been tbe decision of tbe Court, the plaintiff does not so understand tbe opinion.…