First National Bank of Catawba County v. Burwell

WHICHARD, Judge.

Defendants contend the court erred in refusing to submit the following tendered issues: (1) “Was the note completed by the plaintiff as authorized by . . . defendants?” (2) “Was the note delivered to plaintiff upon condition that . . . defendants’ liability be limited to $5,000.00?” For reasons hereafter set forth, we find no error.

The factual basis of defendants’ contention is as follows:

An officer of plaintiff bank testified that he had dealt with Horace Burwell, one of the makers, who was defendants’ son-in-law, for a number of years. Burwell had outstanding notes with…