Chesson v. Gardner

VAUGHN, Judge.

The judge’s findings of fact are comparable to the verdict of a jury. They are conclusive on appeal if there is any competent evidence to support them. Trust Co. v. Gill, State Treasurer, 286 N.C. 342, 211 S.E. 2d 327.

The note in question was a negotiable instrument and was under seal. The judge was, therefore, faced with a presumption of consideration. The burden of rebutting that presumption was on defendants. Whether defendants carried that burden was for the trier of the facts. Little v. Oil Co., 12 N.C. App. 394, 183 S.E. 2d 290. The weight of the evidence is for the judge…