Wachovia Bank & Trust Co. v. Clifton

The exclusion of the evidence, which forms the basis of a number of exceptions, may be upheld upon the ground that the complaint declares on the note as it is written, and not otherwise. There is no effort in the pleadings to enlarge the liability of any of the parties. S. v. Bank, 193 N. C., 524, 137 S. E., 593. Nor is there a plea in defense of nudum, pactum. Consideration is admitted or not denied. The defendants have been sued simply as makers and guarantors of a note, and this more than three years after its maturity. There is no evidence that said note was extended or renewed from time…